Sherwood v. State
Cases that cite this one
35 later published cases cite this decision. The 25 that cite it most often are listed here.
- Pettit v. State (Fla. Dist. Ct. App. 2008)
- TYRONE CUMMINGS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2021)
- KEVIN WILLIAMS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- HARVEY DEMAREST v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- BENJAMIN G. PARRISH v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- JASON P. VERSAKOS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- RONALD FISHER v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- JAMES S. CAUSEY v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- DESIREE ANN KRIETEMEYER v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- RONNIE E. KING v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- BRIAN A. HALLMAN v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- LYNDA BAKER v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- MIXON JUSTE v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
- Krietemeyer v. State (Fla. Dist. Ct. App. 2019)
- Krietemeyer v. State (Fla. Dist. Ct. App. 2019)
- Causey v. State (Fla. Dist. Ct. App. 2019)
- Causey v. State (Fla. Dist. Ct. App. 2019)
- TENISHA GEDDIS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- KARL KERR, JR. v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- TIFFINY ROUSEY v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- TODD JOSEPH MITCHKA v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- JORDAN E. ZWICKER, I I I v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- Kerr v. State (Fla. Dist. Ct. App. 2018)
- Dampier v. State (Fla. Dist. Ct. App. 2016)
- Ainsworth v. State (Fla. Dist. Ct. App. 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Mark SHERWOOD, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
Mark Sherwood, Lake City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Don. M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct illegal sentences because the trial court originally sentenced him to serve an eighteen month sentence and then entered a subsequent order increasing the length of sentence to three years. These sentences have been served completely, and appellant is not incarcerated or under probation as a result of these orders. While rule 3.800(a) permits an illegal sentence to be corrected at any time, we conclude that the rule means that the sentence can be corrected at any time while the sentence is being served. Correction of a sentence long since completed serves no useful purpose that we can detect. A double jeopardy violation cannot be corrected once a sentence has been completed. See generally In re Bradley, 318 U.S. 50, 63 S.Ct. 470, 87 L.Ed. 608 (1943); Ex Parte Lange, 18 Wall. 163, 85 U.S. 163, 21 L.Ed. 872 (1873). While appellant contends that the convictions upon which these allegedly illegal sentences were based are being used to enhance a subsequent sentence, the length of the prior sentence is not an issue.
Affirmed.
WARNER, C.J., DELL and STEVENSON, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.