Angel Recio v. the State of Florida
This text of Angel Recio v. the State of Florida (Angel Recio v. the State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed May 28, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2201 Lower Tribunal Nos. F97-2776, F98-9986, F00-3913B ________________
Angel Recio, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Altfield, Judge.
Coral Way Law Center, and Miguel San Pedro, for appellant.
James Uthmeier, Attorney General, and Daniel Colmenares, Assistant Attorney General, for appellee.
Before LOGUE, C.J., and LINDSEY and GORDO, JJ.
PER CURIAM.
Affirmed. See Corria v. State, 932 So. 2d 530, 532 (Fla. 3d DCA 2006)
(“A claim that the trial court improperly departed from the recommended sentencing guidelines may not be brought pursuant to Florida Rule of
Criminal Procedure 3.800(a) if the departure sentence is within the legal
maximum because it does not constitute an illegal sentence.”); State v.
Huerta, 38 So. 3d 883, 885 (Fla. 3d DCA 2010) (“[W]here there is a plea
agreement on the conviction and length of sentence to be imposed, . . . the
sentencing guidelines are not applicable.”).
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