QUESTION
what does it mean when a person files a motion is correct an illegal sentence but the judge has it stricken?
Asked on Dec 03rd, 2023 on Criminal Law - Florida
More details to this question:
My brother filed a 3.800 motion to correct his illegal sentence. On the form it says "Ordered and Adjudged" The Motion to Correct an illegal sentence is STRICKEN. What does that mean for the person who filed this motion?
1 ANSWER
1 Award
Generally it means the court found some legal reason to treat the motion as if it had never been filed. There could be any number of reasons for striking (i.e., treating the motion as if it had never been filed). Sometimes the court explains in the order striking the motion the reason. So you may want to review the court order to see if it gives any reason for striking the motion. It could be as simple as failing to follow the rules pertaining to filing of motions.
Answered on Dec 04th, 2023 at 8:57 AM