RECIO v. STATE (2025)

District Court of Appeal of Florida, Third District.

Angel RECIO, Appellant, v. The STATE of Florida, Appellee.

No. 3D23-2201

Decided: May 28, 2025

Before LOGUE, C.J., and LINDSEY and GORDO, JJ.

Coral Way Law Center, and Miguel San Pedro, for appellant. James Uthmeier, Attorney General, and Daniel Colmenares, Assistant Attorney General, for appellee.

Affirmed. See Corria v. State, 932 So. 2d 530, 532 (Fla. 3d DCA 2006) (“A claim that the trial court improperly departed from the recommended sentencing guidelines may not be brought pursuant to Florida Rule of Criminal Procedure 3.800(a) if the departure sentence is within the legal maximum because it does not constitute an illegal sentence.”); State v. Huerta, 38 So. 3d 883, 885 (Fla. 3d DCA 2010) (“[W]here there is a plea agreement on the conviction and length of sentence to be imposed, ․ the sentencing guidelines are not applicable.”).

PER CURIAM.

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