Legal Opinion

Shiflet v. State

District Court of Appeal of Florida

Decided October 6, 2010No. 4D09-4773PublishedCited by 5 opinions

1Per curiam

We affirm the trial court’s denial of appellant’s motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant already raised this very issue in a prior motion, which the trial court denied, and this court affirmed on appeal. See Shiflet v. State, 956 So.2d 466 (Fla. 4th DCA 2007). In addition, as noted by the trial court, his claim that his sentence is illegal based upon State v. Huggins, 802 So.2d 276 (Fla.2001), is without merit, as the ruling of Huggins was abrogated by statute for all crimes committed after July 1, 2001, which would include the…

2Cases cited2 opinions

  1. State v. HugginsSupreme Court of Florida · 2001
  2. Schaeffer v. StateDistrict Court of Appeal of Florida · 2007

3Cited by5 opinions

  1. Kelly v. StateDistrict Court of Appeal of Florida · 2012
  2. Plain v. StateDistrict Court of Appeal of Florida · 2014
  3. Gandy v. StateDistrict Court of Appeal of Florida · 2012
  4. McCleese v. StateDistrict Court of Appeal of Florida · 2012
  5. Robert E. Fratcher v. State of FloridaDistrict Court of Appeal of Florida · 2016

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