Summary
The Third District Court of Appeal of Florida affirmed the denial as moot of Luis Alberto Perez’s motion to correct an illegal sentence. The court held that Perez failed to demonstrate prejudicial error because the requested relief would not have changed his sentence. The court relied on Florida statutory law and decisions concerning moot sentencing challenges and the requirement of demonstrable prejudice.
Holdings
- The denial did not warrant reversal because Perez failed to demonstrate that any prejudicial error occurred.
Questions Presented
- Whether the circuit court erred in denying Perez's motion to correct an illegal sentence as moot.
- Whether Perez demonstrated prejudicial error that could warrant appellate reversal.
Disposition
affirmed
Cases Cited (2)
- Earl v. State, 314 So. 3d 1253, 1255-56 (Fla. 2021)(followed)
- Mitchell v. State, 309 So. 3d 667, 668 (Fla. 4th DCA 2020)(followed by analogy)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…