912 So. 2d 586

Andrew GRIFFIN, Appellant, v. STATE of Florida, Appellee.

No. 2D04-3633.

District Court of Appeal of Florida, Second District.

Dec. 29, 2004.

PER CURIAM.

Affirmed. See Boyd v. State, 880 So.2d 726 (Fla. 2d DCA 2004). After this court held in Boyd that a claim of vindictive sentencing is not cognizable in a motion to *587correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the Fifth District in Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the claim of vindictive sentencing raised in the motion. We certify direct conflict with Johnson.

Affirmed; conflict certified.

DAVIS, KELLY, and VILLANTI, JJ., Concur.

Griffin v. State
912 So. 2d 586

Case Details

Name
Griffin v. State
Decision Date
Dec 29, 2004
Citations

912 So. 2d 586

Jurisdiction
Florida

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