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Mathews v. State

District Court of Appeal of Florida, Second District.
Jun 4, 2012
91 So. 3d 142 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–3912.

2012-06-4

Dwight MATHEWS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).


BY ORDER OF THE COURT.

The appellant's appeal of the summary denial of his motion to correct illegal sentence filed according to Florida Rule of Criminal Procedure 3.800(a) is hereby dismissed as moot. See Raines v. State, 14 So.3d 244, 246 (Fla. 2d DCA 2009) (“At least as a general rule, a sentence cannot be challenged after it has been fully served and has expired because any sentencing issue is moot thereafter.”); Sherwood v. State. 745 So.2d 378, 378 (Fla. 4th DCA 1999) (“While rule 3.800(a) permits an illegal sentence to be corrected at any time, we conclude that the rule means that the sentence can be corrected at any time while the sentence is being served.... A double jeopardy violation cannot be corrected once a sentence has been completed.”).

WHATLEY, NORTHCUTT, and WALLACE, JJ., Concur.


Summaries of

Mathews v. State

District Court of Appeal of Florida, Second District.
Jun 4, 2012
91 So. 3d 142 (Fla. Dist. Ct. App. 2012)
Case details for

Mathews v. State

Case Details

Full title:Dwight MATHEWS, Appellant/Petitioner(s), v. STATE of Florida…

Court:District Court of Appeal of Florida, Second District.

Date published: Jun 4, 2012

Citations

91 So. 3d 142 (Fla. Dist. Ct. App. 2012)

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