5D05-115 Jeffrey Sherlock v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-115

Case Date: 02/21/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

JEFFREY G. SHERLOCK, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 25, 2005 3.800 Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge. Jeffrey G. Sherlock, Lake City, pro se. No Appearance for Appellee. Case No. 5D05-115

PLEUS, J. Defendant, Jeffrey S. Sherlock, appeals the orders dismissing his rule 3.800(a) motion in five cases as untimely. Contrary to the trial court's ruling, there is no time limit for filing a rule 3.800(a) motion to correct an illegal sentence. See State v. McBride, 848 So. 2d 287, 290 (Fla. 2003) (Rule 3.800 allows a court to correct an illegal sentence at any time); Allen v. State , 853 So. 2d 533, 535 (Fla. 5th DCA 2003) (a court may, at any time, correct an illegal sentence imposed by it. Nonetheless, defendant's argument that his sentences are illegal under Apprendi v. New Jersey, 530 U.S. 466 (2000), is meritless. Based on defendant's own

allegations, the sentences imposed were within the standard range under the Criminal

Punishment Code. See

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