Jose Manuel Vazquez Torres v. State of Florida

District Court of Appeal of Florida

Jose Manuel Vazquez Torres v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedJuly 18, 2025

Docket6D2024-2452

StatusPublished

This text of Jose Manuel Vazquez Torres v. State of Florida (Jose Manuel Vazquez Torres v. 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.

Bluebook

Jose Manuel Vazquez Torres v. State of Florida, (Fla. Ct. App. 2025).

Pincite

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2024-2452 Lower Tribunal No. 2012-CF-007189 _____________________________

JOSE MANUEL VAZQUEZ TORRES,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. Catherine L. Combee, Judge.

July 18, 2025

GANNAM, J.

Jose Manuel Vazquez-Torres appeals the denial of his successive rule 3.800

motion for correction of illegal sentence. The motion raises several grounds,

including that his habitual felony offender (HFO) sentence for grand theft is illegal

because it is not longer than his prison release reoffender (PRR) sentence for

burglary of a dwelling, citing Clark v. State, 72 So. 3d 222 (Fla. 2d DCA 2011), and

Johnson v. State, 108 So. 3d 1130 (Fla. 1st DCA 2013). The postconviction court

denied the motion under rule 3.800(a)(2), which provides, “A court may dismiss a second or successive motion if the court finds that the motion fails to allege new or

different grounds for relief and the prior determination was on the merits.” The

HFO–PRR ground identified above, however, was not raised in the prior rule 3.800

motions identified by the postconviction court. Accordingly, as to this ground, we

reverse the postconviction court’s order and remand for the postconviction court to

consider the ground in the first instance. We affirm the postconviction court’s order

in all other respects.

AFFIRMED in part; REVERSED in part; REMANDED with instructions.

STARGEL and NARDELLA, JJ., concur.

Jose Manuel Vazquez Torres, Milton, pro se.

James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED

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