Urbay v. State

District Court of Appeal of Florida

Urbay v. State

971 So. 2d 836, 2007 Fla. App. LEXIS 16700, 2007 WL 3085392

District Court of Appeal of Florida·Decided October 24, 2007·No. No. 3D07-2042·Published

Opinion

PER CURIAM.

Nestor Urbay, pro se, appeals the circuit court’s denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm because the movant failed to state a meritorious basis for relief. See Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998). Urbay’s claims for retroactive application of post-sentencing decisions fail as a matter of law because he was duly sentenced (after pleading guilty) according to the law as it existed when he committed the crimes. See State v. Miranda, 793 So.2d 1042, 1044 (Fla. 3d DCA 2001).

Affirmed.

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PER CURIAM.

Nestor Urbay, pro se, appeals the circuit court’s denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm because the movant failed to state a meritorious basis for relief. See Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998). Urbay’s claims for retroactive application of post-sentencing decisions fail as a matter of law because he was duly sentenced (after pleading guilty) according to the law as it existed when he committed the crimes. See State v. Miranda, 793 So.2d 1042, 1044 (Fla. 3d DCA 2001).

Affirmed.

Urbay v. State, 971 So. 2d 836, 2007 Fla. App. LEXIS 16700, 2007 WL 3085392 (Fla. Ct. App. 2007).

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