Kinsler v. State
Kinsler v. State
Opinion of the Court
We affirm the order of the trial court denying appellant’s Motion to Correct Illegal Sentence. Appellant’s claim that the trial court imposed an illegally enhanced sentence because it failed to file written findings for a departure sentence is not reviewable under rule 3.800(a). See Davis v. State, 661 So.2d 1193, 1196 (Fla. 1995) (rejecting argument that the failure to file written findings for a departure sentence renders a sentence an illegal sentence for purposes of a rule 3.800(a) motion).
We also find no merit in appellant’s claim that the sentence imposed upon revocation of his probation violated his constitutional safeguards against double jeopardy. See State v. Payne, 404 So.2d 1055, 1057-58 (Fla. 1981) (holding that a defendant placed on probation pursuant to the terms of a plea agreement may be sentenced to a term in excess of the provisions of the original plea bargain upon violation and revocation of said probation);
Accordingly, we affirm.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.