Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Dennis ST. LAWRENCE, Appellant, v. STATE of Florida, Appellee.
Appellant, Dennis St. Lawrence, appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant also has a direct appeal pending of his resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000). Rule 3.800(a) explicitly prohibits the filing of a motion during the pendency of a direct appeal. Therefore, in accordance with Daniels v. State, 712 So.2d 765 (Fla.1998), the trial court's order is vacated.
If appellant elects to refile his Rule 3.800(a) motion after his direct appeal has been decided, he is advised that such a motion is limited to 1) claims that a sentence fails to comport with statutory or constitutional limits or 2) errors that are the result of a scoresheet miscalculation. See State v. Mancino, 714 So.2d 429 (Fla.1998); Davis v. State, 661 So.2d 1193 (Fla.1995). Moreover, only those issues which can be resolved as a matter of law, without an evidentiary hearing, may be considered. See Mancino.
ORDER VACATED.
SAWAYA, J.
GRIFFIN and PLEUS, JJ., concur.
Thank you for your feedback!
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.
Docket No: No. 5D00-2984.
Decided: January 05, 2001
Court: District Court of Appeal of Florida,Fifth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)