Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

EUGENE WICKLINE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Eugene Wickline challenges an order denying his motion, pursuant to Florida Rule of Criminal Procedure 3.800(a), to correct an illegal sentence. We affirm but certify conflict to the Florida Supreme Court.

This court has previously held that the issue raised by appellant in his motion, i.e., whether the trial court established a factual basis for this plea (specifically, whether he was in actual possession of the firearm during the commission of the crime), and as a result, erroneously imposed a three-year minimum mandatory sentence, is not cognizable in proceedings brought pursuant to rule 3.800(a). Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA 1994). We acknowledge that the Second District Court of Appeal has held to the contrary in Butchek v. State, 21 Fla. L. Weekly D2157 (Fla. 2d DCA Oct. 11, 1996). Pursuant to Article V, section 3(b)(3), of the Florida Constitution, we certify conflict with this decision.

Appellant's second point is without merit.

AFFIRMED.

MINER, ALLEN and MICKLE, JJ., CONCUR.

Use AI to get other relevant cases.

Comments

WICKLINE v. STATE
(Jan 31, 1997)