URBAY v. STATE (2007)

District Court of Appeal of Florida,Third District.

Nestor URBAY, Appellant, v. The STATE of Florida, Appellee.

No. 3D07-2042.

Decided: October 24, 2007

Before GREEN, ROTHENBERG, and SALTER, JJ.

Nestor Urbay, in proper person. Bill McCollum, Attorney General, for appellee.

Nestor Urbay, pro se, appeals the circuit court's denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm because the movant failed to state a meritorious basis for relief. See Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998). Urbay's claims for retroactive application of post-sentencing decisions fail as a matter of law because he was duly sentenced (after pleading guilty) according to the law as it existed when he committed the crimes. See State v. Miranda, 793 So.2d 1042, 1044 (Fla. 3d DCA 2001).

Affirmed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network