Legal Opinion

Martinez v. State

District Court of Appeal of Florida

Decided May 4, 2005No. 3D05-529Published

1Per curiam

We affirm the order denying defendant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Defendant’s vindictive sentencing claim may not be raised in a motion to correct illegal sentence. See Gonzalez v. State, 897 So.2d 551 (Fla. 3d DCA 2005); Reese v. State, 896 So.2d 807 (Fla. 3d DCA 2005); Wright v. State, 891 So.2d 618 (Fla. 3d DCA 2005); Bouno v. State, 900 So.2d 672 (Fla. 5th DCA 2005).

Affirmed.

2Cases cited4 opinions

  1. Wright v. StateDistrict Court of Appeal of Florida · 2005
  2. Bouno v. StateDistrict Court of Appeal of Florida · 2005
  3. Reese v. StateDistrict Court of Appeal of Florida · 2005
  4. Gonzalez v. StateDistrict Court of Appeal of Florida · 2005