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Sims v. State

838 So. 2d 658, 2003 WL 554493
CourtDistrict Court of Appeal of Florida
DecidedFebruary 28, 2003
Docket2D02-5115
StatusPublished
Cited by21 cases

This text of 838 So. 2d 658 (Sims 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
Sims v. State, 838 So. 2d 658, 2003 WL 554493 (Fla. Ct. App. 2003).

Opinion

838 So.2d 658 (2003)

Vincent T. SIMS, Appellant,
v.
STATE of Florida, Appellee.

No. 2D02-5115.

District Court of Appeal of Florida, Second District.

February 28, 2003.

CASANUEVA, Judge.

Vincent T. Sims challenges the order of the trial court dismissing without prejudice his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Mr. Sims argues that his three-year minimum mandatory sentence is illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002). We affirm the order of the trial court because Mr. Sims' motion is facially insufficient as he does not affirmatively allege that he committed his offenses on a date within the window created by Taylor.

We note, however, that the trial court did not dismiss Mr. Sims' motion as facially insufficient; rather, it dismissed the motion without prejudice to refile pending the resolution of the issue by the Florida Supreme Court. However, the supreme court had dismissed review in Taylor several months before the court issued this order. Our affirmance is therefore without prejudice to Mr. Sims' right to file a facially sufficient 3.800(a) motion.

WHATLEY and NORTHCUTT, JJ. Concur.

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Bluebook (online)
838 So. 2d 658, 2003 WL 554493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-state-fladistctapp-2003.