Legal Opinion
Dominguez v. State
District Court of Appeal of Florida
Decided September 21, 2012No. 2D12-340PublishedCited by 19 opinions
1Opinion of the Court
CASANUEVA, Judge.
Steven Dominguez appeals the order denying his motion to correct illegal sentence, which the postconviction court treated as if filed under Florida Rule of Criminal Procedure 3.800(a). Because the relief Mr. Dominguez seeks is not available unless he moves to withdraw his plea, *200we reverse and remand with directions that the postconviction court treat Mr. Dominguez’s motion as filed under rule 3.850.
In circuit court case number OS-12391, Mr. Dominguez pleaded to the lesser offense of felony battery pursuant to section 784.03, Florida Statutes (2009), in exchange for a sentence…
2Cases cited6 opinions
- Nedd v. StateDistrict Court of Appeal of Florida · 2003
- Wheeler v. StateDistrict Court of Appeal of Florida · 2004
- Brooks v. StateDistrict Court of Appeal of Florida · 2012
- State v. WilliamsDistrict Court of Appeal of Florida · 2009
- Torbert v. StateDistrict Court of Appeal of Florida · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Eddy Wilmer Vail-BailonCourt of Appeals for the Eleventh Circuit · 2017
- Haynes v. StateDistrict Court of Appeal of Florida · 2013
- Holmes v. StateDistrict Court of Appeal of Florida · 2012
- Parks v. StateDistrict Court of Appeal of Florida · 2017
- Shawntavian Tucker v. State of FloridaDistrict Court of Appeal of Florida · 2015
14 more not listed; retrieve them via the Exa API.