Collier v. State

District Court of Appeal of Florida

Collier v. State

148 So. 3d 797, 2014 Fla. App. LEXIS 14699, 2014 WL 4656590

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 2014

DocketNo. 1D14-0926

StatusPublished

Cited by3 cases

This text of 148 So. 3d 797 (Collier v. State) 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.

Bluebook

Collier v. State, 148 So. 3d 797, 2014 Fla. App. LEXIS 14699, 2014 WL 4656590 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

Robert Collier appeals an order denying his postconviction motion to correct an illegal sentence. See Fla. R. Crim. P. 3.800(a). In 2009, Collier was convicted of armed robbery and sentenced to life imprisonment. In his postconviction motion, he alleged his life sentence is illegal because the trial court improperly took into account his lack of remorse and candor when imposing the sentence. See Green v. State, 84 So.3d 1169, 1171 (Fla. 3d DCA 2013) (“[A] lack of remorse, the failure to accept responsibility, or the exercise of one’s right to remain silent at sentencing may not be considered by the trial court in fashioning the appropriate sentence.”). However, such a claim asserts error in the sentencing process, as opposed to the legality of the sentence itself, and thus, cannot be raised in a rule 3.800(a) motion. See Guilford v. State, 88 So.3d 998, 999 (Fla. 2d DCA 2012) (holding claim that trial court erroneously took into account defendant’s failure to admit guilt and accept responsibility not cognizable in rule 3.800(a) motion). Accordingly, Collier’s motion was properly denied.

AFFIRMED.

ROBERTS, MARSTILLER, and SWANSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Robert Collier appeals an order denying his postconviction motion to correct an illegal sentence. See Fla. R. Crim. P. 3.800(a). In 2009, Collier was convicted of armed robbery and sentenced to life imprisonment. In his postconviction motion, he alleged his life sentence is illegal because the trial court improperly took into account his lack of remorse and candor when imposing the sentence. See Green v. State, 84 So.3d 1169, 1171 (Fla. 3d DCA 2013) (“[A] lack of remorse, the failure to accept responsibility, or the exercise of one’s right to remain silent at sentencing may not be considered by the trial court in fashioning the appropriate sentence.”). However, such a claim asserts error in the sentencing process, as opposed to the legality of the sentence itself, and thus, cannot be raised in a rule 3.800(a) motion. See Guilford v. State, 88 So.3d 998, 999 (Fla. 2d DCA 2012) (holding claim that trial court erroneously took into account defendant’s failure to admit guilt and accept responsibility not cognizable in rule 3.800(a) motion). Accordingly, Collier’s motion was properly denied.

AFFIRMED.

ROBERTS, MARSTILLER, and SWANSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

148 So. 3d 797, 2014 Fla. App. LEXIS 14699, 2014 WL 4656590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-v-state-fladistctapp-2014.

Opinion

Related

Cite This Page — Counsel Stack