TERRANCE COOPER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Terrance Cooper appeals an order denying his motion to correct illegal sentence. First, defendant-appellant Cooper claims that the habitualization notice filed in his case was not sufficiently specific in indicating what portion of the habitual offender statute the State intended to pursue. A notice deficiency of this type does not render a sentence “illegal,” for purposes of Florida Rule of Criminal Procedure 3.800(a). Such a claim must be raised by motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002). Under Rule 3.850, this claim is time-barred.
Assuming for purposes of discussion that there were no procedural bar, the claim is in any event without merit. See Sampson v. State, 798 So. 2d 824 (Fla. 3d DCA 2001).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (27 total)
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Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008)…s for enhanced sentencing, while not cognizable in a rule 3.800(a) motion, “must be” raised in a rule 3.850 motion. See e.g. Zafara v. State, 900 So. 2d 675 (Fla. 3d DCA 2005); Reese v. State, 899 So. 2d 428, 429 (Fla. 3d DCA 2005); Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002) (pertaining to claims of improper notice for enhanced sentencing). We agree that rule 3.850 may provide a remedy but only when the movant can show prejudice from the alleged procedural deficiency, such as an illegal sentence. A r…
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Dellofano v. State, 946 So. 2d 127 (Fla. 5th DCA 2007)…Rule of Criminal Procedure 3.850. See Cichoski v. State, 874 So. 2d 695 (Fla. 4th DCA 2004) (affirming denial of motion to enforce plea agreement on grounds that motion is not authorized- by Florida Rules of Criminal Procedure); Seabrooks v. State, 817 So. 2d 934 (Fla. 4th DCA 2002) (same). I recognize that wé have entertained appeals from orders on motions to enforce plea agreements in the past, see, e.g., Barnett v. State, 933 So. 2d 1269 (Fla. 5th DCA 2006); Jones v. State, 782 So. 2d 552 (Fla. 5th DCA 20…
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Gibson v. State, 897 So. 2d 493 (Fla. 3d DCA 2005)…PER CURIAM. Affirmed. See Bover v. State, 797 So. 2d 1246 (Fla.2001); Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002).…
Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002)
- Sampson v. State, 798 So. 2d 824 (Fla. 3d DCA 2001)