
    John W. MILLER, Appellant, v. The STATE of Florida, Appellee.
    No. 3D05-1873.
    District Court of Appeal of Florida, Third District.
    Sept. 1, 2006.
    Rehearing Denied Oct. 12, 2006.
    John W. Miller, in proper person.
    Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.
    Before COPE, C.J., and FLETCHER and ROTHENBERG, JJ.
   PER CURIAM.

A claim of vindictive sentencing cannot be raised by a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). See Morales v. State, 909 So.2d 478 (Fla. 3d DCA 2005); Taylor v. State, 897 So.2d 495 (Fla. 3d DCA 2005). Treating the motion as a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, and assuming no procedural bar, the transcript excerpts cited by defendant-appellant Miller do not amount to vindictive sentencing within the meaning of Wilson v. State, 845 So.2d 142, 156 (Fla.2003).

Affirmed.  