Legal Opinion

Phipps v. State

District Court of Appeal of Florida

Decided January 18, 2002No. 1D01-1947PublishedCited by 1 opinion

1Per curiam

Appellant seeks review of the denial of a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm that portion of the lower court’s order denying, as successive, Appellant’s claim that his sentence was not legally enhanced. We also affirm without prejudice Appellant’s claim seeking relief pursuant to Hale v. State, 630 So.2d 521 (Fla.1993), as he insufficiently *566pled this claim. We vacate that portion of the order ruling on a gain time claim not raised in Appellant’s motion.

Appellant correctly asserts that the trial court failed to address…

2Cases cited5 opinions

  1. Hale v. StateSupreme Court of Florida · 1993
  2. Baker v. StateDistrict Court of Appeal of Florida · 1998
  3. Valdes v. StateDistrict Court of Appeal of Florida · 2000
  4. Freeman v. FreemanDistrict Court of Appeal of Florida · 1984
  5. Pullins v. StateDistrict Court of Appeal of Florida · 2001

3Cited by1 opinion

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API