Legal Opinion

Linder v. State

District Court of Appeal of Florida

Decided January 26, 2011No. 4D10-572PublishedCited by 2 opinions

1Opinion of the CourtWarner, J.

We affirm the denial of appellant’s motion to correct an illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a). 1 His sole claim on appeal is that the court failed to attach portions of the record which conclusively refute the allegations of his motion. This claim lacks merit.

Linder was charged with and convicted of sexual battery of a person more than twelve but less than eighteen by a person in familial authority. A scoresheet was filed in which 80 points were included for penetration. He was sentenced to eighteen years in the DOC followed by ten years of probation.…

2Cases cited3 opinions

  1. Brooks v. StateSupreme Court of Florida · 2007
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1996
  3. Fenelon v. StateDistrict Court of Appeal of Florida · 2006

3Cited by2 opinions

  1. Allen v. StateDistrict Court of Appeal of Florida · 2011
  2. Darwin Bois v. State of FloridaDistrict Court of Appeal of Florida · 2025

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