Judge v. State

Decision Date11 December 1992
Citation613 So.2d 5
PartiesJudge (Gilbert) v. State NO. 79,880
CourtFlorida Supreme Court

Appeal From: 2d DCA, 596 So.2d 73

Disposition: Rev. den.

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31 cases
  • Vanderblomen v. State
    • United States
    • Florida District Court of Appeals
    • 24 Marzo 1998
    ... ... 5th DCA 1995); Rouse v. State, 643 So.2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); Thomas v. State, 611 So.2d 600, 601 (Fla. 2d DCA 1993). While recognizing, as Judge Altenbernd had pointed out in his en banc opinion in Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA)(en banc ), review denied, 613 So.2d 5 (Fla.1992), that "[r]ule 3.800(a) is reserved for a narrow class of cases in which the sentence imposed can be described as truly 'illegal' as a matter of law, ... ...
  • State v. Mancino
    • United States
    • Florida Supreme Court
    • 11 Junio 1998
    ... ... 5th DCA 1995); Rouse v. State, 643 So.2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); Thomas v. State, 611 So.2d 600, 601 (Fla. 2d DCA 1993). While recognizing, as Judge Altenbernd had pointed out in his en banc opinion in Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA) (en banc ), review denied, 613 So.2d 5 (Fla.1992), that "[r]ule 3.800(a) is reserved for a narrow class of cases in which the sentence imposed can be described as truly 'illegal' as a matter of law, ... ...
  • Mancino v. State, 97-00583
    • United States
    • Florida District Court of Appeals
    • 14 Marzo 1997
    ...689 So.2d 1235 ... 22 Fla. L. Weekly D686 ... Joseph Sal MANCINO, Appellant, ... STATE of Florida, Appellee ... No. 97-00583 ... District Court of Appeal of Florida, ... Second District ... March 14, 1997 ...         LAZZARA, Judge ...         The appellant, Joseph Mancino, challenges the trial court's denial of a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which he contended that there was no factual basis to support the imposition of a three-year minimum ... ...
  • Cabrera v. State, 5D03-2367.
    • United States
    • Florida District Court of Appeals
    • 8 Octubre 2004
    ... ... Unlike a motion pursuant to rule 3.850, the motion can be filed without an oath because it is designed to test issues that should not involve significant questions of fact or require a lengthy evidentiary hearing ...          Id. at 172-73 (emphasis added) (quoting Judge" v. State, 596 So.2d 73, 76-77 (Fla. 2d DCA 1991), review denied, 613 So.2d 5 (Fla.1992)). 8 Therefore, because a sexual predator designation is not a sentence that imposes a penalty or punishment, rule 3.800(a) is not applicable to correct erroneous sexual predator designations ...     \xC2" ... ...
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