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Bradley v. State

District Court of Appeal of Florida, Second District
May 25, 2005
903 So. 2d 221 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D04-5791.

March 30, 2005. Rehearing Denied May 25, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Dennis P. Maloney, Judge.


Affirmed. See Gipson v. State, 616 So.2d 992 (Fla. 1993); State v. McCloud, 577 So.2d 939 (Fla. 1991); Castle v. State, 330 So.2d 10 (Fla. 1976); Boyd v. State, 880 So.2d 726 (Fla. 2d DCA), review denied, 888 So.2d 621 (Fla. 2004); Cook v. State, 816 So.2d 773 (Fla. 2d DCA 2002); Ishmael v. State, 735 So.2d 509 (Fla. 2d DCA 1999); Plowman v. State, 586 So.2d 454 (Fla. 2d DCA 1991); Middleton v. State, 721 So.2d 792 (Fla. 3d DCA 1998).

After this court held in Boyd, 880 So.2d at 728, that a claim of vindictive sentencing is not cognizable in a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the Fifth District in Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the claim of vindictive sentencing raised in the motion. We certify direct conflict with Johnson.

Affirmed; conflict certified.

ALTENBERND, C.J., and NORTHCUTT and STRINGER, JJ., Concur.


Summaries of

Bradley v. State

District Court of Appeal of Florida, Second District
May 25, 2005
903 So. 2d 221 (Fla. Dist. Ct. App. 2005)
Case details for

Bradley v. State

Case Details

Full title:Donald BRADLEY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 25, 2005

Citations

903 So. 2d 221 (Fla. Dist. Ct. App. 2005)