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645 So. 2d 1085

Docket No. 94-2229.

Valencia v. State

Anthony VALENCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 30, 1994.

District Court of Appeal of Florida · decided 1994-11-30

Cited by 7 later decisions — most recently August 2005

7 state decisions

Key passage — most relied on by later courts

“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).”

quoted by 1 later decision, including 897 So. 2d 495 - Taylor v. State

Relies on 639 So. 2d 972 - Advisory Opinion to the Attorney General re Funding for Criminal Justice · 596 So. 2d 73 - Judge v. State · 564 So. 2d 1246 - Stephney v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-11-30

View the full empirical analysis of this case →

¶1Anthony Valencia, in pro. per.

¶2Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, COPE and GODERICH, JJ.

¶4PER CURIAM.

¶5Anthony Valencia appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends that he was subjected to vindictive sentencing for failure to accept a plea bargain and relies on Stephney v. State,564 So.2d 1246 (Fla. 3d DCA 1990). The sentence in this case is within the limits authorized by law. 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). See State v. F.G.,630 So.2d 581, 583 (Fla. 3d DCA 1993), opinion adopted,638 So.2d 515 (Fla. 1994); see also Judge v. State,596 So.2d 73, 76-77 (Fla. 2d DCA 1991) (en banc), review denied,613 So.2d 5 (Fla. 1992).

¶6The trial court was also correct in denying credit for time served on house arrest. See Fernandez v. State,627 So.2d 1 (Fla. 3d DCA 1993), review denied,639 So.2d 977 (Fla. 1994).

¶7Affirmed.

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