Public-domain · open source
OpenJurist

595 So. 2d 585

Harden v. State

District Court of Appeal of Florida · decided 1992-03-25

Cited by 2 later decisions — most recently September 2002

2 state decisions

Key passage — most relied on by later courts

“appears to have been proper at the time it was imposed....”

quoted by 1 later decision, including 751 So. 2d 158 - Fannin v. State

Relies on 438 So. 2d 1 - Palmer v. State · 541 So. 2d 1170 - Duke v. State · 534 So. 2d 1144 - State v. Hall

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-25

View the full empirical analysis of this case →

LEHAN, Judge.

¶1We affirm the denial of defendant’s motion filed under rule 3.800, Florida Rules of Criminal Procedure, to correct an alleged illegal sentence.

¶2The sentence, which involved the stacking of mandatory minimum sentences, is inconsistent with the principle announced in Branam v. State, 554 So.2d 512 (Fla.1990). See also Boom v. State, 574 So.2d 1213 (Fla. 2d DCA 1991). Nonetheless, it appears to have been proper at the time it was imposed and, in fact, subsequently affirmed by this court in Harden v. State, 541 So.2d 1179 (Fla. 2d DCA 1989). See Palmer v. State, 438 So.2d 1 (Fla.1983).

¶3As in McCuiston v. State, 507 So.2d 1185 (Fla. 2d DCA 1987), approved, 534 So.2d 1144 (Fla.1988), the change in the law bearing upon the circumstances of this case was “not such a fundamental ... change as will cast serious doubt on the veracity or integrity of ... [the] original trial proceeding,” 507 So.2d at 1188, and “was not illegal, per se, as being above the statutory maximum,” 534 So.2d at 1147. See also Brown v. State, 588 So.2d 651, 652 (Fla. 1st DCA 1991) (“[T]he fact that the original reasons for departure were subsequently held to be invalid in unrelated decisions does not constitute fundamental or constitutional error warranting post conviction relief on the grounds of sentence illegality.”).

¶4Affirmed.

SCHOONOVER, C.J., and RYDER, J., concur.
/595/so2d/585 · .json · Public domain