Florida District Courts of Appeal, 2005

Jackson v. State

Florida District Courts of Appeal · Decided March 11, 2005 · Canady, Kelly, Wallace

895 So. 2d 1275; 2005 Fla. App. LEXIS 3315; 2005 WL 563118 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Jackson v. State (Fla. 2006)

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Opinion of the Court

PER CURIAM.

Affirmed. See Boyd v. State, 880 So.2d 726 (Fla. 2d DCA), review denied, 888 So.2d 621 (Fla. 2004). After this court held in Boyd that a claim of vindictive sentencing is not cognizable in a motion to correct 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.

KELLY, CANADY, and WALLACE, JJ., Concur.

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