Legal Opinion

Calixte v. State

District Court of Appeal of Florida

Decided February 2, 2011No. 4D10-1035PublishedCited by 1 opinion

1Per curiam

We affirm the denial of appellant’s motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). It raises an issue not cognizable on a motion to correct an illegal sentence, because he is attacking the judgment, not the sentence. See Anderson v. State, 758 So.2d 1156 (Fla. 4th DCA 2000). Treated as a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, the motion is untimely, and even considering the substance, his claim is meritless. He contends that the judge, state attorney, and sheriff acted without jurisdiction because…

2Cases cited3 opinions

  1. Logan v. StateDistrict Court of Appeal of Florida · 2009
  2. Johnson v. Office of State AttorneyDistrict Court of Appeal of Florida · 2008
  3. Anderson v. StateDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Thier v. StateDistrict Court of Appeal of Florida · 2012

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