Legal Opinion
Plott v. State
District Court of Appeal of Florida
Decided March 2, 2012No. 2D10-5719PublishedCited by 7 opinions
1Opinion of the Court
ALTENBERND, Judge.
William J. Plott appeals the order denying his motion to correct an illegal sentence. Mr. Plott maintains that he was entitled to a jury trial in 2005 to determine the factual grounds for his resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000), because it resulted in an upward departure sentence of life imprisonment. Despite the discussion in State v. Fleming, 61 So.3d 399 (Fla.2011), which arguably supports his position on this issue, we conclude that Mr. Plott is not entitled to raise this issue under Florida Rule of Criminal Procedure 3.800(a).
Mr. Plott is serving…
2Cases cited11 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Heggs v. StateSupreme Court of Florida · 2000
- Judge v. StateDistrict Court of Appeal of Florida · 1992
- Bover v. StateSupreme Court of Florida · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- William J. Plott v. State of FloridaSupreme Court of Florida · 2014
- Kirby v. StateDistrict Court of Appeal of Florida · 2015
- Plott v. StateDistrict Court of Appeal of Florida · 2015
- Morrow v. StateDistrict Court of Appeal of Florida · 2012
- Smith v. StateDistrict Court of Appeal of Florida · 2015
2 more not listed; retrieve them via the Exa API.