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895 So. 2d 1275

Jackson v. State

District Court of Appeal of Florida · decided 2005-03-11

Relies on 880 So. 2d 726 - Boyd v. State · 877 So. 2d 795 - Johnson v. State · Boyd v. State

Decided 2005-03-11

PER CURIAM.

¶1Affirmed. See Boyd v. State, 880 So.2d 726 (Fla. 2d DCA), review denied, 888 So.2d 621 (Fla.2004). After this court held in Boyd that a claim of vindictive sentencing is not cognizable in a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the Fifth District in Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the claim of vindictive sentencing raised in the motion. We certify direct conflict with Johnson.

¶2Affirmed; conflict certified.

KELLY, CANADY, and WALLACE, JJ., Concur.
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