Paris v. State , 156 So. 3d 578 ( 2015 )

Third District Court of Appeal
State of Florida
Opinion filed January 28, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1402
Lower Tribunal Nos. 93-25148 & 93-25149
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Rhondel Paris,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Monica Gordo, Judge.
Rhondel Paris, in proper person.
Pamela Jo Bondi, Attorney General, and Jacob Addicott, Assistant Attorney
General, for appellee.
Before WELLS, LAGOA, and LOGUE, JJ.
LAGOA, J.
Rhondel Paris appeals from an order denying his post-conviction motion
filed pursuant to Florida Rule of Criminal Procedure 3.800(a). For the reasons
discussed below, we affirm the trial court’s denial.
“A rule 3.800(a) motion to correct an illegal sentence is intended to address
cases in which the sentence imposes ‘a kind of punishment that no judge under the
entire body of sentencing statutes could possibly inflict under any set of factual
circumstances.’” Rutherford v. State, 93 So. 3d 1132, 1132 (Fla. 1st DCA 2012)
(quoting Carter v. State, 786 So. 2d 1173, 1178 (Fla. 2001)); see also Judge v.
State, 596 So. 2d 73, 77 (Fla. 2d DCA 1992) (en banc) (“[Rule 3.800(a)] is not a
vehicle designed to re-examine whether the procedure employed to impose the
punishment comported with statutory law and due process.” Instead, this rule “is
intended to provide relief for a narrow category of cases in which the sentence
imposes a penalty that is simply not authorized by law.”).
Here, appellant does not explain how his sentence fails to comport with
either the statutory or constitutional limitations. Instead, appellant’s motion solely
asserts that the trial court failed to consider mitigating factors during his sentencing
and that, therefore, he is entitled to be resentenced. Because we find that
appellant’s motion is legally insufficient to show that his sentence was illegal
pursuant to rule 3.800(a), we affirm the trial court’s order.
Affirmed.
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