Rutherford v. State, 93 So. 3d 1132 (Fla. 1st DCA 2012). · Go Syfert
Rutherford v. State, 93 So. 3d 1132 (Fla. 1st DCA 2012). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Burks v. State (fladistctapp, 2017-12-13)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) Burks v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
“A rule 3.800(a) motion to correct an illegal 1 As the Fifth District Court of Appeal stated in Vargas v. State, 188 So. 3d 915 , 916 n.1 (Fla. 5th DCA 2016), “[m]otions seeking to impose mandatory minimums are typically filed by the State, but nothing prohibits a defendant from filing such a motion.” 4 sentence is intended to address cases in which the sentence imposes ‘a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.’” Rutherford v. State, 93 So. 3d 1132, 1132 (Fla. 1st DCA 2012) (quotin…
cited Cited as authority (rule) Doland v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
See Carter v. State, 786 So.2d 1173, 1178 (Fla.2001); Rutherford v. State, 93 So.3d 1132, 1132 (Fla. 1st DCA 2012); see also Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA 1992) (en banc).
discussed Cited as authority (rule) Paris v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
“A rule 3.800(a) motion to correct an illegal sentence is intended to address cases in which the sentence imposes ‘a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.’ ” Rutherford v. State, 93 So.3d 1132, 1132 (Fla. 1st DCA 2012) (quoting Carter v. State, 786 So.2d 1173, 1178 (Fla.2001)); see also Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA 1992) (en banc) (“[Rule 3.800(a)] is not a vehicle designed to re-examine whether the procedure employed to impose the punishment comported with statutor…
cited Cited "see" Machado v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Rutherford v. State, 93 So.3d 1132 (Fla. 1st DCA 2012); Negron v. State, 932 So.2d 1250 (Fla. 3d DCA 2006).
Isaac E. RUTHERFORD
v.
STATE of Florida
No. 1D12-1724.
District Court of Appeal of Florida, First District.
Jul 27, 2012.
93 So. 3d 1132
Isaac E. Rutherford, pro se, Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Clark, Nortwick, Ray.
Cited by 7 opinions  |  Published
PER CURIAM.

Isaac E. Rutherford appeals from an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) based upon his failure to allege a sufficient rule 3.800(a) claim. For the reasons discussed below, we affirm.

A rule 3.800(a) motion to correct an illegal sentence is intended to address cases in which the sentence imposes “a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances.” Carter v. State, 786 So.2d 1173, 1178 (Fla.2001) (quoting Blakley v. State, 746 So.2d 1182, 1186-87 (Fla. 4th DCA 1999)). In the instant case, however, the appellant does not explain how his sentence fails to comport with statutory or constitutional limitations. Instead, he focuses entirely on the alleged flaws in the procedure used to impose his sentence[*1133] and specifically on the court’s failure to consider certain mitigating factors pursuant to section 921.141, Florida Statutes (1995). However, this is not a proper basis for a rule 3.800(a) motion and the appellant’s motion is insufficient for failure to allege that his sentence, itself, is illegal. See Young v. State, 38 So.3d 151 (Fla. 4th DCA 2010); Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA 1991) (concluding that rule 3.800(a) is meant to challenge the sentence imposed and not the procedures employed in its imposition).

Accordingly, we affirm the trial court’s order denying the appellant’s rule 3.800(a) motion.

AFFIRMED.

VAN NORTWICK, CLARK, and RAY, JJ., concur.