Galindez v. State

District Court of Appeal of Florida

Galindez v. State

892 So. 2d 1231, 2005 Fla. App. LEXIS 1608, 2005 WL 357009

CourtDistrict Court of Appeal of Florida

DecidedFebruary 16, 2005

DocketNo. 3D04-3169

StatusPublished

Cited by1 cases

This text of 892 So. 2d 1231 (Galindez 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.

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Galindez v. State, 892 So. 2d 1231, 2005 Fla. App. LEXIS 1608, 2005 WL 357009 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Alexander Galindez appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). His convictions became final in 1999. See Galindez v. State, 728 So.2d 333 (Fla. 3d DCA 1999).

In his motion, defendant-appellant Gal-indez makes a claim of vindictive sentencing. Under this court’s precedents, a vindictive sentencing claim cannot be made by means of a Rule 3.800(a) motion. See Wright v. State, 891 So.2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So.2d 1085 (Fla. 3d DCA 1994); see also Ey v. State, 884 So.2d 376 (Fla. 2d DCA 2004); Boyd v. State, 880 So.2d 726 (Fla. 2d DCA), review denied, 888 So.2d 621 (Fla. 2004). We certify direct conflict with Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004).

Affirmed; direct conflict certified.

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PER CURIAM.

Alexander Galindez appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). His convictions became final in 1999. See Galindez v. State, 728 So.2d 333 (Fla. 3d DCA 1999).

In his motion, defendant-appellant Gal-indez makes a claim of vindictive sentencing. Under this court’s precedents, a vindictive sentencing claim cannot be made by means of a Rule 3.800(a) motion. See Wright v. State, 891 So.2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So.2d 1085 (Fla. 3d DCA 1994); see also Ey v. State, 884 So.2d 376 (Fla. 2d DCA 2004); Boyd v. State, 880 So.2d 726 (Fla. 2d DCA), review denied, 888 So.2d 621 (Fla. 2004). We certify direct conflict with Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004).

Affirmed; direct conflict certified.

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892 So. 2d 1231, 2005 Fla. App. LEXIS 1608, 2005 WL 357009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galindez-v-state-fladistctapp-2005.

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