4D2024-1721
The Fourth DCA affirmed the denial of Appellant's rule 3.800(a) motions challenging his PRR sentences under State v. Lewars, reaffirming its prior holding in Sims v. State that Lewars does not apply retroactively to PRR sentences that were already final. The court expressly certified conflict with the Second DCA's decision in Hutchinson v. State, which had held that a Lewars-based illegal sentence claim apparent from the face of the record can be raised at any time via rule 3.800(a) regardless of finality.
Key facts
- Appellant challenged his Prison Release Restitution (PRR) sentences in the trial court via rule 3.800(a) motions, arguing they were illegal under State v. Lewars, which addressed jail-versus-prison release calculations.
- The trial court denied the rule 3.800(a) motions, and Appellant appealed to the Fourth District Court of Appeal.
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Why it matters
This opinion creates an express, certified conflict between the Second and Fourth (and by extension Third and Fifth) DCAs over whether State v. Lewars' PRR/jail-release holding can be raised at any time via rule… — full analysis with a trial
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