Mitchell v. State

District Court of Appeal of Florida

Mitchell v. State

650 So. 2d 1084, 1995 Fla. App. LEXIS 1640, 1995 WL 66963

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1995

DocketNo. 94-1992

StatusPublished

Cited by1 cases

This text of 650 So. 2d 1084 (Mitchell 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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Mitchell v. State, 650 So. 2d 1084, 1995 Fla. App. LEXIS 1640, 1995 WL 66963 (Fla. Ct. App. 1995).

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Opinion

ERVIN, Judge.

We affirm the summary denial of appellant’s motion to correct illegal sentence, [1085]*1085because appellant has failed to show how his Leon County sentences are illegal. The 35-year sentences for the armed robbery convictions were within the statutory maximum,¹ and, in accordance with the plea, the Leon County sentences were directed to be served concurrently to the sentences imposed in Du-val County. To the extent appellant attempts to attack the legality of the 75-year Duval County murder sentence, such is a matter that can only be raised before the Duval County Circuit Court.

As for appellant’s second ground relating to youthful offender sentencing, such is not cognizable under Florida Rule of Criminal Procedure 3.800(a), but rather should have been raised by direct appeal or by motion filed under Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

JOANOS and WOLF, JJ., concur.

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ERVIN, Judge.

We affirm the summary denial of appellant’s motion to correct illegal sentence, [1085]*1085because appellant has failed to show how his Leon County sentences are illegal. The 35-year sentences for the armed robbery convictions were within the statutory maximum,¹ and, in accordance with the plea, the Leon County sentences were directed to be served concurrently to the sentences imposed in Du-val County. To the extent appellant attempts to attack the legality of the 75-year Duval County murder sentence, such is a matter that can only be raised before the Duval County Circuit Court.

As for appellant’s second ground relating to youthful offender sentencing, such is not cognizable under Florida Rule of Criminal Procedure 3.800(a), but rather should have been raised by direct appeal or by motion filed under Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

JOANOS and WOLF, JJ., concur.

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Bluebook (online)

650 So. 2d 1084, 1995 Fla. App. LEXIS 1640, 1995 WL 66963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-fladistctapp-1995.

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