Legal Opinion

Galindez v. State

District Court of Appeal of Florida

Decided February 16, 2005No. 3D04-3169PublishedCited by 1 opinion

1Per curiam

Alexander Galindez appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). His convictions became final in 1999. See Galindez v. State, 728 So.2d 333 (Fla. 3d DCA 1999).

In his motion, defendant-appellant Gal-indez makes a claim of vindictive sentencing. Under this court’s precedents, a vindictive sentencing claim cannot be made by means of a Rule 3.800(a) motion. See Wright v. State, 891 So.2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So.2d 1085 (Fla. 3d DCA 1994); see also Ey v. State, 884 So.2d 376 (Fla. 2d DCA 2004); Boyd v.…

2Cases cited7 opinions

  1. Boyd v. StateDistrict Court of Appeal of Florida · 2004
  2. Johnson v. StateDistrict Court of Appeal of Florida · 2004
  3. Boyd v. StateSupreme Court of Florida · 2004
  4. Wright v. StateDistrict Court of Appeal of Florida · 2005
  5. Valencia v. StateDistrict Court of Appeal of Florida · 1994

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3Cited by1 opinion

  1. Morales v. StateDistrict Court of Appeal of Florida · 2005

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