Public-domain · open source
OpenJurist

892 So. 2d 1231

Galindez v. State

District Court of Appeal of Florida

Decided February 16, 2005

District Court of Appeal of Florida · decided 2005-02-16

Cited by 1 later decisions — most recently August 2005

1 state decisions

Relies on 793 So. 2d 918 - Florida Board of Bar Examiners re R.L.W. · 880 So. 2d 726 - Boyd v. State · 877 So. 2d 795 - Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-02-16

View the full empirical analysis of this case →

PER CURIAM.

¶1Alexander Galindez appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). His convictions became final in 1999. See Galindez v. State, 728 So.2d 333 (Fla. 3d DCA 1999).

¶2In his motion, defendant-appellant Gal-indez makes a claim of vindictive sentencing. Under this court’s precedents, a vindictive sentencing claim cannot be made by means of a Rule 3.800(a) motion. See Wright v. State, 891 So.2d 618 (Fla. 3d DCA 2005); Valencia v. State, 645 So.2d 1085 (Fla. 3d DCA 1994); see also Ey v. State, 884 So.2d 376 (Fla. 2d DCA 2004); Boyd v. State, 880 So.2d 726 (Fla. 2d DCA), review denied, 888 So.2d 621 (Fla. 2004). We certify direct conflict with Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004).

¶3Affirmed; direct conflict certified.*

¶4 We have taken, judicial notice of this court's file in Galindez v. State, 793 So.2d 955 (Fla. 3d DCA 2001)

/892/so2d/1231 · .json · Public domain