Kimble v. State

Full title: John Kimble, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Sep 22, 2021

No. 1D20-3690 (Fla. Dist. Ct. App. Sep. 22, 2021)

Opinion

1D20-3690

09-22-2021

John Kimble, Appellant, v. State of Florida, Appellee.

John Kimble, pro se, Appellant. Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Leon County. Stephen S. Everett, Judge.

John Kimble, pro se, Appellant.

Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

John Kimble appeals the summary denial of his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). He argues that the trial court imposed a vindictive sentence when he was resentenced pursuant to a successful motion to correct sentencing error. Because the postconviction court properly determined that a vindictive sentencing claim is not cognizable under rule 3.800(a), we affirm. See Jackson v. State, 193 So.3d 1, 1 (Fla. 4th DCA 2014); Buono v. State, 900 So.2d 672, 672 (Fla. 5th DCA 2005); Taylor v. State, 897 So.2d 495, 496 (Fla. 3d DCA 2005); Boyd v. State, 880 So.2d 726, 727 (Fla. 2d DCA 2004).

AFFIRMED.

RAY, MAKAR, and M.K. THOMAS, JJ., concur.