Randolph v. State

District Court of Appeal of Florida

Randolph v. State

360 So. 2d 1302, 1978 Fla. App. LEXIS 16048

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1978

DocketNo. 77-1836

StatusPublished

Cited by1 cases

This text of 360 So. 2d 1302 (Randolph 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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Randolph v. State, 360 So. 2d 1302, 1978 Fla. App. LEXIS 16048 (Fla. Ct. App. 1978).

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Opinion

HOBSON, Judge.

Appellant appeals his sentence imposed under Florida Statute 775.084. The record before this court shows that the appellant was convicted of a felony within five years prior to the committing of the felony for which he was convicted and sentenced in this case.

Appellant contends that the prior felony conviction was reversed by this court¹ and, therefore, he received an illegal sentence under Florida Statute 775.084. The record before us is completely devoid of any disposition of the prior felony on appeal. Therefore, appellant is attempting to collaterally attack the sentence which from this record is valid.

The appropriate method to collaterally attack a sentence which appears from the record to be valid is by motion under Fla. R. Crim. P. 3.850.

Affirmed without prejudice to file a motion under Fla. R. Crim. P. 3.850.

GRIMES, C. J., and RYDER, J., concur.

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HOBSON, Judge.

Appellant appeals his sentence imposed under Florida Statute 775.084. The record before this court shows that the appellant was convicted of a felony within five years prior to the committing of the felony for which he was convicted and sentenced in this case.

Appellant contends that the prior felony conviction was reversed by this court¹ and, therefore, he received an illegal sentence under Florida Statute 775.084. The record before us is completely devoid of any disposition of the prior felony on appeal. Therefore, appellant is attempting to collaterally attack the sentence which from this record is valid.

The appropriate method to collaterally attack a sentence which appears from the record to be valid is by motion under Fla. R. Crim. P. 3.850.

Affirmed without prejudice to file a motion under Fla. R. Crim. P. 3.850.

GRIMES, C. J., and RYDER, J., concur.

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360 So. 2d 1302, 1978 Fla. App. LEXIS 16048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randolph-v-state-fladistctapp-1978.

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