VAUGHN MONROE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-10-04
No. 84-2782
CAMPBELL and FRANK, JJ., concur.
476 So. 2d 279 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 2 cases
Opinion of the Court
OTT, Acting Chief Judge.

OTT, Acting Chief Judge.

Appellant Vaughn Monroe appeals his judgments and sentences for trafficking in heroin and possession of cocaine. We affirm.

Appellant was sentenced as an habitual offender under section 772.084, Florida Statutes (1983). While this appeal was pending, the prior conviction used to enhance appellant’s sentence was set aside. The sentence was proper when imposed. We believe appellant should raise this issue in the trial court by a motion under Florida Rule of Criminal Procedure 3.850. See Randolf v. State, 360 So. 2d 1302 (Fla. 2d DCA 1978).

Appellant’s judgments and sentences are AFFIRMED.

CAMPBELL and FRANK, JJ., concur.

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  • Baker v. State, 831 So. 2d 217 (Fla. 5th DCA 2002)
    …g under Rule 3.850, as defendant has not pled sufficient allegations to show that he was unlawfully sentenced. The order denying defendant’s motion to correct sentence is affirmed. AFFIRMED. GRIFFIN and PALMER, JJ., concur. . Cf. Monroe v. State, 476 So. 2d 279 (Fla. 2d DCA 1985) (where prior predicate conviction is set aside after defendant was sentenced as a habitual offender, proper remedy to challenge habitualization is by post-conviction motion).…

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