MARVIN JAMES LUCKEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges the denial of his motion to correct his illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant alleged that although his written sentence states that he was sentenced as a habitual offender on count one, the oral pronouncement did not sentence him as a habitual felony offender, and thus the written judgment and sentence should be amended to comport with the oral pronouncement. We agree with the Fourth District that such a claim is not cognizable under rule 3.800(a). See Donald v. State, 731 So. 2d 824 (Fla. 1st DCA 1999), citing to Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998). In so doing, we acknowledge apparent conflict with the Second District. See, e.g., Watts v. State, 790 So. 2d 1176 (Fla. 2d DCA 2001); Dawson/Knapp v. State, 698 So. 2d 266 (Fla. 2d DCA 1997).
In any event, Appellant’s claim is without merit, because there is no discrepancy between the written sentence and the oral pronouncement; both indicate that on count one in both cases, Appellant was sentenced as a habitual felony offender. AFFIRMED.
BOOTH, BROWNING and POLSTON, JJ., concur.
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Worland v. State, 814 So. 2d 1159 (Fla. 1st DCA 2002)…PER CURIAM. Affirmed. See Luckey v. State, 811 So. 2d 802 (Fla. 1st DCA 2002). DAVIS, VAN NORTWICK and POLSTON, JJ., concur.…
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Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004)…ritten sentence contains a habitual offender [*463] designation, but that the sentencing judge did not pronounce a habitual offender sentence. Although this court indicated that such a claim was not cognizable under rule 3.800(a) in Luckey v. State, 811 So. 2d 802 (Fla. 1st DCA 2002), we have since concluded that in light of the supreme court’s decision in Ashley v. State, 850 So. 2d 1265 (Fla.2003), approving Evans v. State, 675 So. 2d 1012 (Fla. 4th DCA 1996), this is an issue implicating double jeopardy pr…
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Robinson v. State, 818 So. 2d 640 (Fla. 1st DCA 2002)…PER CURIAM. AFFIRMED. See Luckey v. State, 811 So. 2d 802 (Fla. 1st DCA 2002). WOLF, VAN NORTWICK AND POLSTON, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998)
- Cynthia Ann Dawson/Knapp v. State, 698 So. 2d 266 (Fla. 2d DCA 1997)
- Jackson v. State, 790 So. 2d 1176 (Fla. 4th DCA 2001)
- Quintana v. Miami Pizza, Inc., 731 So. 2d 824 (Fla. 3d DCA 1999)
- Donald v. State, 731 So. 2d 824 (Fla. 1st DCA 1999)