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MILLER v. STATE

No. 3D05-1873.

937 So.2d 1159 (2006)

John W. MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 12, 2006.

Attorney(s) appearing for the Case

John W. Miller, in proper person.

Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before COPE, C.J., and FLETCHER and ROTHENBERG, JJ.

PER CURIAM.

A claim of vindictive sentencing cannot be raised by a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). See Morales v. State, 909 So.2d 478 (Fla. 3d DCA 2005); Taylor v. State, 897 So.2d 495 (Fla. 3d DCA 2005). Treating the motion as a motion for postconviction relief under Florida Rule...

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