Baker v. State

Full title: Edward E. BAKER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 15, 2005

904 So. 2d 505 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D05-1445.

May 18, 2005. Rehearing Denied July 15, 2005.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case Nos. 97-11817 CF10A 97-11077 CF10A.

Edward E. Baker, Indiantown, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm the denial of the defendant's motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) finding that his claim of vindictive sentencing cannot be raised in a motion to correct illegal sentence. Benedetto v. State, 895 So.2d 1126 (Fla. 4th DCA 2005), citing Boyd v. State, 880 So.2d 726 (Fla. 2d DCA 2004).

KLEIN, TAYLOR and HAZOURI, JJ., concur.