Mincey v. State
Mincey v. State
Opinion of the Court
More than two years after being sentenced, appellant filed a motion to correct
Unlike Lyons, this is not a direct appeal, but rather a motion filed pursuant to rule 3.800, the only avenue of relief open to appellant at this point. Because the sentence does not exceed the maximum period set forth by law for the offense, we conclude that this sentence, although improper under Lyons, is not an illegal sentence under Davis v. State, 661 So.2d 1193 (Fla. 1995) and therefore cannot be raised in a 3.800 motion. We therefore affirm.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.