Will Utile v. State

Full title: Will Utile, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Oct 16, 2024

No. 3D23-2130 (Fla. Dist. Ct. App. Oct. 16, 2024)

Opinion

3D23-2130

10-16-2024

Will Utile, Appellant, v. The State of Florida, Appellee.

Will Utile, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F06-29278B Ramiro C. Areces, Judge.

Will Utile, in proper person.

Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before SCALES, LINDSEY, and MILLER, JJ.

PER CURIAM

"A motion to correct illegal sentence under rule 3.800(a) is not cognizable where, as here, the defendant seeks to challenge the validity of the conviction and, only by extension, the 'legality' of the resulting sentence." Ramirez v. State, 374 So.3d 71, 72 (Fla. 3d DCA 2022). Although the instant challenge is to the sufficiency of evidence to support the revocation of probation as opposed to the original "conviction," the same principles apply. See Prince v. State, 903 So.2d 1068, 1069 (Fla. 2d DCA 2005) (holding that an attack on the sufficiency of the evidence for the probation revocation is not cognizable in a rule 3.800(a) motion).

Affirmed.