White v. State

Andre L. White (“the defendant”) appeals the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Although we affirm, we do so with directions to correct the Judgment to reflect the trial court’s oral pronouncement.

The trial court’s order indicates that the defendant’s 3.800(a) motion was denied as “successive.” Rule 3.800(a), however, does not prohibit the filing of successive motions. What is prohibited is relitigation of the same issue(s) raised in an earlier 3.800 motion decided adversely to the defendant. See…