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Jackson v. State

District Court of Appeal of Florida, Second District
Mar 11, 2005
895 So. 2d 1275 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D04-5231.

March 11, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Richard A. Luce, Judge.


Affirmed. See Boyd v. State, 880 So.2d 726 (Fla. 2d DCA), review denied, 888 So.2d 621 (Fla. 2004). After this court held in Boyd 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.

KELLY, CANADY, and WALLACE, JJ., Concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Second District
Mar 11, 2005
895 So. 2d 1275 (Fla. Dist. Ct. App. 2005)
Case details for

Jackson v. State

Case Details

Full title:Christian E. JACKSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 11, 2005

Citations

895 So. 2d 1275 (Fla. Dist. Ct. App. 2005)

Citing Cases

Jackson v. State

PARIENTE, C.J. We initially accepted jurisdiction to review Jackson v. State, 895 So.2d 1275 (Fla. 2d DCA…