JOSEPH R. PAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant's claims regarding habitual felony offender status and sentencing guideline departures were without merit and properly denied.
The defendant appealed the summary denial of his motion to correct sentence, raising issues about habitual felony offender notice and illegal upward d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Direct Appeal cases and more on FLexlaw
Payton appeals from the summary denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Payton raised some issues which do not relate to his sentence and are successive, because Payton previ ously filed a 3.850 motion. We find the balance of Payton’s claims refuted by the record and without merit.
First, Payton asserts that the state failed to provide proper notice of its intent to seek habitual felony offender penalties. This is a procedural issue which should have been raised on direct appeal, and is not the kind of error which alone produces an illegal sentence. See Hope v. State, 766 So. 2d 343 (Fla. 5th DCA 2000). The record includes the previous order adjudicating Payton as a habitual felony offender. That order with its attachments shows that the proper findings were made, including that Payton was convicted of two or more prior felonies and that one did not relate to the purchase or possession of a controlled substance. See § 775.084(l)(a), Fla. Stat. (2001).
Payton also claims that the court illegally departed upwards from the sentencing guidelines. He was sentenced as an habitual offender for sale of cocaine, so that sentence was independent of the sentencing guidelines. See § 775.084(4)(h), Fla. Stat. (2001). He was also convicted of possession of cocaine and received a guidelines sentence for that offense. The trial court attached a copy of the sentencing scoresheet to the order denying relief, which indicates Payton’s 22 month sentence for possession of cocaine was within the guidelines range of 13.3 months to 22.2 months incarceration. There was no departure from the guidelines.
AFFIRMED.
HARRIS and PLEUS, JJ., concur.