Legal Opinion

Aponte v. State

District Court of Appeal of Florida

Decided March 17, 2017No. Case No. 2D15-4245Published

1Opinion of the Court

SILBERMAN, Judge.

Jose Aponte appeals the order denying his June 2015 motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We conclude that the postconviction court did not err in denying relief and affirm. However, we note that Mr. Aponte raised an issue on appeal that he had not raised in his rule 3.800(a) motion. Therefore, we cannot address the issue. See Derrico v. State, 924 So.2d 970, 970 (Fla. 2d DCA 2006) (“[T]his court cannot address claims asserted for the first time on appeal.”). Our decision is without prejudice to any right Mr. Aponte…

2Cases cited3 opinions

  1. Biller v. StateSupreme Court of Florida · 1993
  2. Victor Villanueva v. State of FloridaSupreme Court of Florida · 2016
  3. Derrico v. StateDistrict Court of Appeal of Florida · 2006

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