Errol Latson v. State of Florida

Summary

The Florida Third District Court of Appeal affirmed the denial of Errol Latson’s motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court held that a claim of vindictive sentencing cannot be raised through that rule and that treating the motion as one under Rule 3.850 did not change the result because Latson’s convictions and sentences had already been affirmed on direct appeal.

Holdings

1. A claim of vindictive sentencing cannot be raised by a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a).
2. Treating Latson's motion as one filed under Rule 3.850 would not produce a different result because Latson's convictions and sentences had already been affirmed on direct appeal in 2019.

Questions Presented

1. Whether a claim of vindictive sentencing may be raised through a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a).
2. Whether treating Latson's motion as one under Florida Rule of Criminal Procedure 3.850 could provide relief after his convictions and sentences had been affirmed on direct appeal.

Disposition

affirmed