Legal Opinion

Jermaine D. Logan v. State

District Court of Appeal of Florida

Decided August 20, 2014No. 4D14-1812PublishedCited by 1 opinion

1Per curiam

We affirm the trial court’s denial of the defendant’s “motion to clarify,” which we treat as a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a).

The defendant’s motion challenged the sufficiency of his aggravated battery conviction entered after plea in this case. However, the defendant’s motion did not establish an illegal sentence for purposes of rule 3.800(a). Instead, the defendant has sought a procedurally-barred and untimely request for post-conviction relief under Florida Rule of Criminal Procedure 3.850. See, e.g., Hallmon v. State, 139 So.3d…

2Cases cited4 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Logan v. StateDistrict Court of Appeal of Florida · 2009
  3. Logan v. StateDistrict Court of Appeal of Florida · 2008
  4. Hallmon v. StateDistrict Court of Appeal of Florida · 2014

3Cited by1 opinion

  1. HASTINGS v. MCNEILDistrict Court, N.D. Florida · 2024

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