BARBARA SELIG, APPELLANT,

v.

JONATHAN AND ELEANOR HEPTINSTALL, ET AL., APPELLEES

Citator

Cited By

• Carter v. State, 786 So. 2d 1173 (Fla. 2001)
  …gal sentence as set forth in its decision in Blakley because it is a sentence “no judge under the entire body of sentencing statutes could possibly inflict.” Austin, 756 So. 2d at 1081 (quoting Blakley, 746 So. 2d at 1186-87). In Beaudoin v. State, 658 So. 2d 663, 664 (Fla. 3d DCA 1995), the Third District likewise held, based on the State’s “candid and well-taken partial confession of error,” that habitualization for a life felony constitutes an illegal sentence requiring the denial of rule 3.800 relief to…

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• Weford v. State, 784 So. 2d 1222 (Fla. 3d DCA 2001)
  …ute, habitualization was not allowed for a life felony. Id. Accordingly, this cause is remanded for correction of the judgment and re-sentencing as to count two. See id.; Austin v. State, 756 So. 2d 1080, 1081 (Fla. 4th DCA 2000); Beaudoin v. State, 658 So. 2d 663 (Fla. 3d DCA 1995). The balance of the order denying defendant’s rule 3.800(a) motion is affirmed on several grounds. In Bover v. State, 732 So. 2d 1187 (Fla. 3d DCA), review granted, 743 So. 2d 508 (Fla.1999), this court held that rule 3.800(a) c…
• Austin v. State, 756 So. 2d 1080 (Fla. 4th DCA 2000)
  …-91. The instant case, however, does not involve a challenge to the sufficiency of the predicate offenses. The third district, which issued Bover, has itself granted relief under rule 3.800(a) for a claim such as Appellant’s, see Beaudoin v. State, 658 So. 2d 663 (Fla. 3d DCA), rev. denied, 664 So. 2d 248 (Fla.1995), and recently granted such relief in an analogous claim, that of improper habitualization for a drug possession charge when the statute does not allow such sentencing, see Marrero v. State, 741 S…

Authorities Cited

• Rosenberg v. Levin, 409 So. 2d 1016 (Fla. 1982)
• Faro v. Robert V. Romani and Farish, 641 So. 2d 69 (Fla. 1994)