MORGAN
v.
STATE OF FLORIDA
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Morgan appealed the denial of his motion under Florida Rule of Criminal Procedure 3.800(a) challenging his habitual felony offender designation. The court affirmed the denial but left open the possibility for Morgan to file a facially sufficient motion under the same rule to challenge the designation.
The court affirmed the denial of the motion and the motion for rehearing, but preserved Morgan's right to file a facially sufficient motion under Rule 3.800(a) to challenge his habitual felony offender designation in the future.
“holding a claim alleging a discrepancy between an oral and written sentence that can be resolved by the record is cognizable at any time under rule 3.800(a)”
Establishes that Rule 3.800(a) motions challenging sentencing discrepancies remain available at any time, supporting Morgan's right to refile if his motion was facially deficient.
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Join FLexlaw to unlock all legal intelligenceTyrone Marcel Morgan filed a motion under Florida Rule of Criminal Procedure 3.800(a) seeking to challenge his habitual felony offender designation. T…
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DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
TYRONE MARCEL MORGAN,
Appellant,
v. STATE OF FLORIDA,
Appellee.
No. 2D2025-0398
February 20, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip James Federico, Judge.
Tyrone Marcel Morgan, pro se.
PER CURIAM.
We affirm the orders denying the motion filed under Florida Rule of Criminal Procedure 3.800(a) and the motion for rehearing without prejudice to Tyrone Marcel Morgan's right to challenge his habitual felony offender designation in a facially sufficient motion filed under rule 3.800(a). See Williams v. State, 957 So. 2d 600, 603–04 (Fla. 2007) (holding a claim alleging a discrepancy between an oral and written sentence that can be resolved by the record is cognizable at any time under rule 3.800(a)).
LUCAS, C.J., and VILLANTI and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.
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