Utile v. State

Full title: Will Utile, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Sep 2, 2020

307 So. 3d 827 (Fla. Dist. Ct. App. 2020)

Opinion

No. 3D20-0953

09-02-2020

Will UTILE, Appellant, v. The STATE of Florida, Appellee.

Will Utile, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

Will Utile, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, C.J., and LOGUE, and MILLER, JJ.

PER CURIAM.

Affirmed. See Rosado v. State, 129 So. 3d 1104, 1108 (Fla. 5th DCA 2013) ("[A] claim of vindictive sentencing is ‘an error that occurs during the sentencing process, not an error in the sentencing order.’ ") (citation omitted); Taylor v. State, 897 So. 2d 495, 496 (Fla. 3d DCA 2005) ("[A] claim of vindictive sentencing cannot be raised by a [Florida] Rule [of Criminal Procedure] 3.800(a) motion. ‘It is clear that a claim of error leading up to the imposition of sentence does not render the sentence "illegal" for purposes of Rule 3.800(a).’ ") (citation omitted).