Jose Angel Patlan v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: January 24, 2024
• Docket: 2023-1879
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 24, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1879 Lower Tribunal No. F13-11161 ________________

Jose Angel Patlan, Appellant,

vs.

The State of Florida, Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge.

Jose Angel Patlan, in proper person.

Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before FERNANDEZ, SCALES, and MILLER, JJ.

PER CURIAM. Affirmed. See Walden v. State, 112 So. 3d 578, 580 (Fla. 4th DCA

2013) (“[E]rrors in the assessment of costs . . . are not subject to correction

through rule 3.800(a).”); Branch v. State, 322 So. 3d 209, 210 (Fla. 1st DCA

2021) (“[C]hallenges to . . . the procedure employed by the court when

imposing fines and costs . . . are not challenges to an ‘illegal sentence’

correctable under rule 3.800(a).”); Blakley v. State, 746 So. 2d 1182, 1186-

87 (Fla. 4th DCA 1999) (“To be illegal within the meaning of rule 3.800(a)[,]

the sentence must impose a kind of punishment that no judge under the

entire body of sentencing statutes could possibly inflict under any set of

factual circumstances.”); see also Hoffman v. State, 413 So. 2d 150, 151

(Fla. 4th DCA 1982) (“[Florida Rules of Civil Procedure do] not apply to a

criminal proceeding in a circuit court . . . [or to] appellate proceedings in the

circuit court.”).