Dillon v. State

District Court of Appeal of Florida

Dillon v. State

841 So. 2d 587, 2003 Fla. App. LEXIS 4099, 2003 WL 1570095

District Court of Appeal of Florida·Decided March 28, 2003·No. No. 2D03-672·Published·Cited by 2 cases

Opinion

NORTHCUTT, Judge.

Darren C. Dillon appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends his sentence is illegal under this court’s decision in Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), which held chapter 99-188, Laws of Florida, unconstitutional. Dillon’s claim is facially insufficient because he does not allege that the date of his offense was within the window established in Taylor. Therefore, we affirm without prejudice to Dillon’s ability to file a facially sufficient motion under rule 3.800(a).

DAVIS and CANADY, JJ., Concur.

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

NORTHCUTT, Judge.

Darren C. Dillon appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends his sentence is illegal under this court’s decision in Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), which held chapter 99-188, Laws of Florida, unconstitutional. Dillon’s claim is facially insufficient because he does not allege that the date of his offense was within the window established in Taylor. Therefore, we affirm without prejudice to Dillon’s ability to file a facially sufficient motion under rule 3.800(a).

DAVIS and CANADY, JJ., Concur.

Dillon v. State, 841 So. 2d 587, 2003 Fla. App. LEXIS 4099, 2003 WL 1570095 (Fla. Ct. App. 2003).

Pincite

841 So. 2d 587 (Dillon v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related