Home -> Law Blog Directory -> Criminal Law Blogs -> Florida Criminal Law Opinions

Criminal Law

: Florida Criminal Law Opinions

WILLEMS CALIXTE, Appellant, v. STATE OF FLORIDA, Appellee

By admin

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 WILLEMS CALIXTE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1035 [February 2, 2011] PER CURIAM. We affirm the denial of appellant?s motion to correct a n illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). It raises an issue not cognizable on a motion to correct an illegal sentence, because he is attacking the judgment, not the sentence. See Anderson v. State, 758 So. 2d 1156 (Fla. 4th DCA 2000). Treated as a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, the motion is untimely, and even considering the substance, his claim is meritless. He contends that the judge, state attorney, and sheriff acted without jurisdiction because they did not have on file a required oath of office...continue to full post

Full post as published by Florida Criminal Law Opinions on February 02, 2011 (boomark / email).