Legal Opinion

Jose Martinez v. State of Florida

Supreme Court of Florida

Decided February 23, 2017No. SC15-1620PublishedCited by 43 opinions

1Opinion of the CourtPolston, J.

Jose Martinez seeks review of the decision of the Fourth District Court of Appeal in Martinez v. State, 169 So.3d 170 (Fla. 4th DCA 2015). 1 For the reasons expressed below, we approve the Fourth District’s holding that the alleged defect in the charging document in this case does not constitute an illegal sentence subject to correction under Florida Rule of Criminal Procedure 3.800(a).

BACKGROUND

In 2000, Martinez was charged by information with one count of robbery with a firearm. The State alleged in the information that Martinez “carried” the firearm during the commission of the offense in…

2Cases cited11 opinions

  1. State v. MancinoSupreme Court of Florida · 1998
  2. Davis v. StateSupreme Court of Florida · 1995
  3. Carter v. StateSupreme Court of Florida · 2001
  4. Judge v. StateDistrict Court of Appeal of Florida · 1992
  5. Bover v. StateSupreme Court of Florida · 2001

6 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Ivory Lee Robinson v. State of FloridaDistrict Court of Appeal of Florida · 2017
  2. Burks v. StateDistrict Court of Appeal of Florida · 2017
  3. Champagne v. StateDistrict Court of Appeal of Florida · 2019
  4. Thomas E. King v. State of FloridaDistrict Court of Appeal of Florida · 2018
  5. ADRIAN BROWN v. StateDistrict Court of Appeal of Florida · 2021

38 more not listed; retrieve them via the Exa API.

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