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Guerrero v. State, No. 3D09-91 (Fla. App. 5/13/2009) (Fla. App., 2009)

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Jorge Guerrero, Appellant, v. The State of Florida, Appellee. No. 3D09-91. District Court of Appeal of Florida, Third District. Opinion filed May 13, 2009.An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge. Lower Tribunal No. 03-20824. Jorge Guerrero, in proper person. Bill McCollum, Attorney General, for appellee. Before ROTHENBERG, LAGOA, and SALTER, JJ. ROTHENBERG, J. The defendant filed a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) on or about May 7, 2008. On October 7, 2008, he filed a motion to dismiss the May 7, 2008 motion to correct an illegal sentence. The trial court subsequently issued two orders: (1) an order dated November 13, 2008, which was filed on December 3, 2008, denying the defendant’s motion to dismiss dated October 7, 2008; and (2) an order dated November 21, 2008, stating that defendant’s motion to correct illegal sentence dated May 7, 2008, was withdrawn per defendant’s request...continue to full post

Full post as published by Florida Criminal Law Opinions on May 13, 2009 (boomark / email).