Walden v. State
Cases that cite this one
5 later published cases cite this decision.
- Julius Franklin Rocker v. State of Florida (Fla. Dist. Ct. App. 2016)
- Cortez Hatten v. State of Florida (Fla. 2016)
- Michael W. Levine v. State of Florida (Fla. Dist. Ct. App. 2014)
- Antoine v. State (Fla. Dist. Ct. App. 2014)
- Hatten v. State (Fla. Dist. Ct. App. 2014)
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 of the Court
We reverse the trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence and remand for resentencing. Appellant’s forty-year sentence for attempted second degree murder with a firearm exceeds the thirty-year statutory maximum for this first-degree felony offense. Wiley v. State, — So.3d -(Fla. 4th DCA 2013); Sheppard v. State, 113 So.3d 148, 149 (Fla. 2d DCA 2013); McLeod v. State, 52 So.3d 784, 786 (Fla. 5th DCA 2010); Wooden v. State, 42 So.3d 837 (Fla. 5th DCA), rev. denied, 51 So.3d 466 (Fla. 2010).
Although we affirmed this claim without discussion in Walden v. State, 57 So.3d 248, 249 (Fla. 4th DCA 2011), the manifest injustice exception to the law of the case doctrine applies. See State v. McBride, 848 So.2d 287, 289-90 (Fla. 2003).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.