Osegueda v. State

District Court of Appeal of Florida

Osegueda v. State

4 So. 3d 790, 2009 Fla. App. LEXIS 2493, 2009 WL 763506

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 2009

DocketNo. 4D07-4027

StatusPublished

This text of 4 So. 3d 790 (Osegueda 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.

Bluebook

Osegueda v. State, 4 So. 3d 790, 2009 Fla. App. LEXIS 2493, 2009 WL 763506 (Fla. Ct. App. 2009).

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Opinion

STEVENSON, J.

Salvador Osegueda was improperly sentenced pursuant to the 10-20-Life statute, as he was convicted of armed manslaughter, attempted armed manslaughter, and shooting at or into an occupied vehicle-offenses not enumerated in section 775.087(2), Florida Statutes (2006). Osegueda filed a timely rule 3.800(b)(2) motion to correct his sentence. Though the trial court granted the motion, it failed to do so within sixty days as required by the rule, so the order granting the motion is a nullity. See McGill v. State, 878 So.2d 1270, 1271 (Fla. 5th DCA 2004). We reverse and remand to permit the trial court to again enter its corrective sentence.

Reversed and Remanded.

TAYLOR and MAY, JJ., concur.

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STEVENSON, J.

Salvador Osegueda was improperly sentenced pursuant to the 10-20-Life statute, as he was convicted of armed manslaughter, attempted armed manslaughter, and shooting at or into an occupied vehicle-offenses not enumerated in section 775.087(2), Florida Statutes (2006). Osegueda filed a timely rule 3.800(b)(2) motion to correct his sentence. Though the trial court granted the motion, it failed to do so within sixty days as required by the rule, so the order granting the motion is a nullity. See McGill v. State, 878 So.2d 1270, 1271 (Fla. 5th DCA 2004). We reverse and remand to permit the trial court to again enter its corrective sentence.

Reversed and Remanded.

TAYLOR and MAY, JJ., concur.

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Bluebook (online)

4 So. 3d 790, 2009 Fla. App. LEXIS 2493, 2009 WL 763506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osegueda-v-state-fladistctapp-2009.

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