Florida District Courts of Appeal, 2004

Griffin v. State

Griffin v. State
Florida District Courts of Appeal · Decided December 29, 2004 · Davis, Kelly, Villanti
912 So. 2d 586; 2004 Fla. App. LEXIS 20149; 2004 WL 3008879 (Southern Reporter, Second Series)

Griffin v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Boyd v. State, 880 So.2d 726 (Fla. 2d DCA 2004). After this court held in Boyd that a claim of vindictive sentencing is not cognizable in a motion to *587correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the Fifth District in Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the claim of vindictive sentencing raised in the motion. We certify direct conflict with Johnson.

Affirmed; conflict certified.

DAVIS, KELLY, and VILLANTI, JJ., Concur.

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