Will Utile v. the State of Florida

Third District Court of Appeal State of Florida Opinion filed September 2, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-0953 Lower Tribunal No. 06-29278B ________________ Will Utile, Appellant, vs. The State of Florida, Appellee. An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Will Utile, in proper person. Ashley Moody, Attorney General, for appellee. Before EMAS, C.J., and LOGUE, and MILLER, JJ. PER CURIAM.  Affirmed. See Rosado v. State, 129 So. 3d 1104, 1108 (Fla. 5th DCA 2013) (“[A] claim of vindictive sentencing is ‘an error that occurs during the sentencing process, not an error in the sentencing order.’”) (citation omitted); Taylor v. State, 897 So. 2d 495, 496 (Fla. 3d DCA 2005) (“[A] claim of vindictive sentencing cannot be raised by a [Florida] Rule [of Criminal Procedure] 3.800(a) motion. ‘It is clear that a claim of error leading up to the imposition of sentence does not render the sentence “illegal” for purposes of Rule 3.800(a).’”) (citation omitted). 2