Legal Opinion

King v. State

District Court of Appeal of Florida

Decided November 20, 2013No. 4D13-2193PublishedCited by 2 opinions

1Per curiam

We affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence, which attempts to challenge the propriety of his conviction and sentence for sale of cocaine as a lesser-included offense for sale of cocaine within 1000 feet of a convenience store. The motion does not establish an “illegal” sentence that can be corrected at any time. See Carter v. State, 786 So.2d 1173, 1178 (Fla.2001). Instead, the motion attempts to bring a procedurally barred and untimely challenge to that conviction, an improper basis for the motion under rule 3.800(a), see Steed v.…

2Cases cited4 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Carter v. StateSupreme Court of Florida · 2001
  3. Kittles v. StateDistrict Court of Appeal of Florida · 2012
  4. Steed v. StateDistrict Court of Appeal of Florida · 2013

3Cited by2 opinions

  1. Hallmon v. StateDistrict Court of Appeal of Florida · 2014
  2. McKernan v. StateDistrict Court of Appeal of Florida · 2014

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