Legal Question in Criminal Law in Florida

My cousin was recently convicted and sentenced for an array of felony charges. His attorney has just filed a Motion to Correct an Illegal Sentence.

I know that after sentencing, he had 30 days to file an appeal. My question is: Is this Motion that was filed the usual (or normal) first step of an appeal or something different?

I've found several credible information resources on filing these motions, but could not find my specific answer.

Thank you.


Asked on 7/12/11, 8:42 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

That type of motion is filed to do just what it says "correct an illegal sentence." You need to ask your cousin's attorney why it was filed. This isn't necessarily part of an appeal so if an appeal needs to be done, again talk to the attorney representing him. They know all the facts, whereas any attorney on here is not going to know the answer.

Read more
Answered on 7/12/11, 10:37 am


Related Questions & Answers

More Criminal Law questions and answers in Florida