Legal Opinion

Jackson v. State

District Court of Appeal of Florida

Decided August 8, 2012No. 4D11-2300PublishedCited by 2 opinions

1Per curiam

Calvin Jackson appeals the denial of his Rule 3.800(a) motion to correct illegal sentence in two cases. We affirm because the claim is not cognizable in a Rule 3.800(a) motion and is without merit.

Jackson is serving life sentences in these cases as a habitual felony offender. He contends that his life sentences are illegal because the lack of a term of years prevents the Department of Corrections from establishing a “tentative release date” for purposes of conditional release supervision under section 947.1405, Florida Statutes (1991).

An illegal sentence that can be corrected at any time…

2Cases cited6 opinions

  1. Carter v. StateSupreme Court of Florida · 2001
  2. Wright v. StateSupreme Court of Florida · 2005
  3. Wemett v. StateSupreme Court of Florida · 1990
  4. Thomas v. StateDistrict Court of Appeal of Florida · 2001
  5. Tal-Mason v. StateDistrict Court of Appeal of Florida · 1997

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

3Cited by2 opinions

  1. Garrick John v. Michael D. Crews, Secretary, etc.District Court of Appeal of Florida · 2014
  2. JOSEPH SEME v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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