Public-domain · open source
OpenJurist

912 So. 2d 586

Griffin v. State

District Court of Appeal of Florida

Decided December 29, 2004

District Court of Appeal of Florida · decided 2004-12-29

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

Decided 2004-12-29

PER CURIAM.

¶1Affirmed. See Boyd v. State, 880 So.2d 726 (Fla. 2d DCA 2004). After this court held in Boydthat a claim of vindictive sentencing is not cognizable in a motion to *587correct 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.

DAVIS, KELLY, and VILLANTI, JJ., Concur.
/912/so2d/586 · .json · Public domain