improperly considered certain factors (Florida) · Go Syfert
← Florida issues

improperly considered certain factors in Florida

6 Florida opinions name it 1 courts 2009–2025 1 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.

Followed or applied (3)

CaseFollowedCited
Hannum v. Stategreen
fladistctapp · 2009 · cited in 4 Florida opinions naming this issue, 2010–2015
2 sentences

2015A Rule 3.800(b)(2) motion to correct sentence subsequent to sentencing is “not the proper mechanism for preserving for appeal the issue of whether the court improperly considered certain factors in imposing sentence.” Hannum v. State, 13 So. 3d 132, 135 (Fla. 2d DCA 2009) (footnote omitted).

2015A Rule 3.800(b)(2) motion to correct sentence subsequent to sentencing is “not the proper mechanism for preserving for appeal the issue of whether the court improperly considered certain factors in imposing sentence.” Hannum v. State, 13 So.3d 132, 135 (Fla. 2d DCA 2009) (footnote omitted).

44
Jackson v. Stategreen
fla · 2008 · cited in 2 Florida opinions naming this issue, 2009–2010
2 sentences

2010See Hannum v. State, 13 So.3d 132, 135 (Fla. 2d DCA 2009) (“Initially, we must point out that rule 3.800(b)(2) is not the proper mechanism for preserving for appeal the issue of whether the court improperly considered certain factors in imposing sentence.”); see also Jackson v. State, 983 So.2d 562, 572 (Fla.2008) (explaining that rule 3.800(b)(2) is intended to permit defendants to bring to the trial court’s attention errors in sentence-related orders, not any error in the sentencing process).

2009Initially, we must point out that rule 3.800(b)(2) is not the proper mechanism for preserving for appeal the issue of whether the court improperly considered certain factors in imposing sentence. 1 See Jackson v. State, 983 So.2d 562 (Fla.2008); Brown v. State, 994 So.2d 480, 481 (Fla. 1st DCA 2008).

12
Brown v. Stategreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009Initially, we must point out that rule 3.800(b)(2) is not the proper mechanism for preserving for appeal the issue of whether the court improperly considered certain factors in imposing sentence. 1 See Jackson v. State, 983 So.2d 562 (Fla.2008); Brown v. State, 994 So.2d 480, 481 (Fla. 1st DCA 2008).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Mendez v. State green
fladistctapp · 2010
1 sentence

2025In the second case, Mendez v. State, 28 So. 3d 948 (Fla. 2d DCA 2010), the court addressed whether a vindictive sentencing claim could be raised in the first instance on direct appeal.

12025–2025
Boyd v. State green
fladistctapp · 2009
1 sentence

2025It held “that rule 3.800(b)(2) is not the proper mechanism for preserving for appeal the issue of whether the court improperly considered certain factors in imposing sentence.” Id. at 135 .

12025–2025

Statutes the citing opinions construe

FL § 775.084 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check