Legal Opinion

Herndon v. State

District Court of Appeal of Florida

Decided April 23, 2003No. 2D02-3204PublishedCited by 1 opinion

1Opinion of the Court

CASANUEVA, Judge.

Marilyn Holmes Herndon challenges the trial court’s order dismissing her motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order and remand for further proceedings.

In her motion, Herndon alleged that she pleaded to trafficking in methamphetamine. She further alleged that the seven-year mandatory minimum term of imprisonment imposed by the trial court is illegal based on our opinion in Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002). A claim that a mandatory minimum sentence was illegally…

2Cases cited3 opinions

  1. Taylor v. StateDistrict Court of Appeal of Florida · 2002
  2. Leath v. StateDistrict Court of Appeal of Florida · 2001
  3. Sims v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Sellers v. StateDistrict Court of Appeal of Florida · 2003

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