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6 Florida opinions name it 1 courts 2009–2019 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jackson v. Stategreen2 sentences2019Rule 3.800(b) “was never intended to allow a defendant (or defense counsel) to sit silent in the face of a procedural error in the sentencing process and then, if unhappy with the result, file a motion . . . .” Id. 2009See Jackson v. State, 983 So.2d 562, 573 (Fla.2008) (“rule 3.800(b) was not intended to circumvent rules requiring contemporaneous objections” or “to allow a defendant (or defense counsel) to sit silent in the face of a procedural error in the sentencing process and then, if unhappy with the result, file a motion under rule 3.800(b)”). | 2 | 6 |
Jackson v. Stategreen1 sentence2009The supreme court concluded: We therefore agree with Judge Stringer that “a ‘sentencing error’ that can be preserved under rule 3.800(b)(2) is an error in the sentence itself — not any error that might conceivably occur during a sentencing hearing.” Jackson, 952 So.2d at 616 (Stringer, J., specially concurring). | 1 | 1 |
Griffin v. Stategreen1 sentence2009See id. at 570 ; see also Griffin, 946 So.2d at 613 (“[Rule 3.800(b) ] was not intended to give a defendant a ‘second bite at the apple’ to contest evidentiary rulings made at sentencing to which the defendant could have objected but chose not to do so.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mapp v. State
green
1 sentence2009We agree with Mapp v. State, 18 So.3d 33 (Fla. 2d DCA 2009), that evidentiary errors in restitution hearings are errors in the sentencing process rather than sentencing errors. | 1 | 2009–2009 |