Martinez v. State

Full title: Juan Francisco MARTINEZ, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 22, 2005

904 So. 2d 473 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-529.

May 4, 2005. Rehearing Denied June 22, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge.

Juan Francisco Martinez, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GREEN, WELLS and SHEPHERD, JJ.

PER CURIAM.

We affirm the order denying defendant's motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Defendant's vindictive sentencing claim may not be raised in a motion to correct illegal sentence. See Gonzalez v. State, 897 So.2d 551 (Fla. 3d DCA 2005); Reese v. State, 896 So.2d 807 (Fla. 3d DCA 2005); Wright v. State, 891 So.2d 618 (Fla. 3d DCA 2005); Bouno v. State, 900 So.2d 672 (Fla. 5th DCA 2005).

Affirmed.