Third District Court of Appeal
State of Florida
Opinion filed July 21, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0835
Lower Tribunal No. F09-25236
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Barton Hill,
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, Marisa Tinkler Mendez, Judge.
Barton Hill, in proper person.
Ashley Moody, Attorney General, for appellee.
Before HENDON, MILLER, and BOKOR, JJ.
MILLER, J.
Affirmed. See Fla. R. Crim. P. 3.800(a)(1) (requiring affirmative
allegations “that the court records demonstrate on their face an entitlement
to . . . relief”); see also Chesson v. State, 729 So. 2d 974, 975 (Fla. 3d DCA
1999) (“[A]n illegal sentence is one that exceeds the maximum period set
forth by law for a particular offense without regard to the guidelines.”)
(citations omitted); § 948.06(1)(g), Fla. Stat. (“Upon the filing of an affidavit
alleging a violation of probation or community control and following issuance
of a warrant for such violation, a warrantless arrest under this section, or a
notice to appear under this section, the probationary period is tolled until the
court enters a ruling on the violation. Notwithstanding the tolling of probation,
the court shall retain jurisdiction over the offender for any violation of the
conditions of probation or community control that is alleged to have occurred
during the tolling period.”).
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