Miller v. State
Miller v. State
937 So. 2d 1159; 2006 Fla. App. LEXIS 14716; 2006 WL 2520826
(Southern Reporter, Second Series)
Miller v. State
Opinion of the Court
A claim of vindictive sentencing cannot be raised by a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). See Morales v. State, 909 So.2d 478 (Fla. 3d DCA 2005); Taylor v. State, 897 So.2d 495 (Fla. 3d DCA 2005). Treating the motion as a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, and assuming no procedural bar, the transcript excerpts cited by defendant-appellant Miller do not amount to vindictive sentencing within the meaning of Wilson v. State, 845 So.2d 142, 156 (Fla. 2003).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.