Kenneth Hamilton v. The State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 5, 2024.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1878

Lower Tribunal No. F08-23257

________________

Kenneth Hamilton,

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, Cristina Miranda, Judge.

Clayton R. Kaeiser, for appellant.

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

Before SCALES, GORDO and BOKOR, JJ.

PER CURIAM.

Affirmed. See State v. Ortiz, 79 So. 3d 177, 178 (Fla. 3d DCA 2012)

(“Where a defendant has already served his sentence and he has reaped the benefit of an illegal sentence, he is estopped from challenging the sentence, especially in the context of a negotiated plea.”).