Public-domain · open source
OpenJurist

28 So. 3d 941

Chacon v. State

District Court of Appeal of Florida

Decided February 17, 2010

District Court of Appeal of Florida · decided 2010-02-17

Relies on 848 So. 2d 287 - State v. McBride

Decided 2010-02-17

COPE, J.,

¶1(concurring).

¶2I concur in affirming the denial of the appellant’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) because the issue the appellant raises on appeal is completely different from the issue the appellant raised in his motion dated September 3, 2009. The trial court erred in denying the motion as being “successive,” because as the Florida Supreme Court has explained, there is no “successiveness” bar in rule 3.800(a). State v. McBride, 848 So.2d 287, 290 (Fla.2003). Instead, the question is whether the same claim has previously been raised and decided. Id.The trial court’s erroneous statement *942about “successiveness” is, however, harmless under the circumstances of this case.

/28/so3d/941 · .json · Public domain