Charles Garvin v. State of Florida

Third District Court of Appeal
State of Florida

Opinion filed June 25, 2026.
Not final until disposition of timely filed motion for rehearing.

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No. 3D26-0789
Lower Tribunal No. F94-18171B
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Charles Garvin,
Appellant,

vs.

State of Florida,
Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Jason Bloch, Judge.

Charles Garvin, in proper person.

James Uthmeier, Attorney General, for appellee.

Before SCALES, C.J., and FERNANDEZ and GOODEN, JJ.

PER CURIAM.

Affirmed. See Carter v. State, 786 So. 2d 1173, 1178 (Fla. 2001) (“To

be illegal within the meaning of rule 3.800(a) the sentence must impose a
kind of punishment that no judge under the entire body of sentencing statutes

could possibly inflict under any set of factual circumstances.”) (emphasis and

citation omitted) ; § 775.021(4)(a), Fla. Stat. (1994) (“Whoever, in the course

of one criminal transaction or episode, commits an act or acts which

constitute one or more separate criminal offenses, upon conviction and

adjudication of guilt, shall be sentenced separately for each criminal offense;

and the sentencing judge may order the sentences to be served concurrently

or consecutively. For the purposes of this subsection, offenses are separate

if each offense requires proof of an element that the other does not, without

regard to the accusatory pleading or the proof adduced at trial.”); see also

Nusspickel v. State, 966 So. 2d 441, 444 (Fla. 2d DCA 2007) (“Generally,

the trial court’s imposition of a sentence that is within the minimum and

maximum limits set by the legislature is a matter for the trial Court in the

exercise of its discretion, which cannot be inquired into upon the appellate

level.”) (citation omitted).

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