Durant v. State

There are a variety of errors that may occur in the course of sentencing a criminal defendant. The Florida Supreme Court has adopted Florida Rule of Criminal Procedure 3.800 to provide a mechanism for the correction of sentencing errors. Certain errors, including illegal sentences, may be corrected at any time under rule 3.800(a). The more encompassing rule is rule 3.800(b), which provides time requirements for correction of “any sentencing error.” Nathaniel Durant alleged in a rule 3.800(a) motion filed approximately five years after he was sentenced that the trial court rendered an illegal…