UTILE v. STATE (2020)

District Court of Appeal of Florida, Third District.

Will UTILE, Appellant, v. The STATE of Florida, Appellee.

No. 3D20-0953

Decided: September 02, 2020

Before EMAS, C.J., and LOGUE, and MILLER, JJ.

Will Utile, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed. See Rosado v. State, 129 So. 3d 1104, 1108 (Fla. 5th DCA 2013) (“[A] claim of vindictive sentencing is ‘an error that occurs during the sentencing process, not an error in the sentencing order.’ ”) (citation omitted); Taylor v. State, 897 So. 2d 495, 496 (Fla. 3d DCA 2005) (“[A] claim of vindictive sentencing cannot be raised by a [Florida] Rule [of Criminal Procedure] 3.800(a) motion. ‘It is clear that a claim of error leading up to the imposition of sentence does not render the sentence “illegal” for purposes of Rule 3.800(a).’ ”) (citation omitted).

PER CURIAM.

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