Legal Opinion
Perry v. State
District Court of Appeal of Florida
Decided March 7, 2003No. 2D02-5283PublishedCited by 3 opinions
1Opinion of the Court
ALTENBERND, Chief Judge.
Joseph Perry petitions for a writ of mandamus to compel the trial court to consider his motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). We deny the petition for writ of mandamus because a defendant is not entitled to file a rule 3.800(b)(2) motion during the appeal of an order denying postconviction relief. A defendant is only entitled to file a rule 3.800(b)(2) motion during the direct appeal of a sentence.
In 1994 a jury found Mr. Perry guilty of attempted first-degree murder with a firearm. The court sentenced him…
2Cases cited4 opinions
- Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800Supreme Court of Florida · 1999
- State Ex Rel. Gaines Construction Co. v. PearsonSupreme Court of Florida · 1963
- Pino v. District Court of Appeal, Third DistrictSupreme Court of Florida · 1992
- Perry v. StateDistrict Court of Appeal of Florida · 2001
3Cited by3 opinions
- Cooper v. StateDistrict Court of Appeal of Florida · 2005
- Curry Lamont Hawkins v. State of FloridaDistrict Court of Appeal of Florida · 2026
- RAFAEL A. CARRION v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2022