ALEX COOKSHOT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District affirmed the denial of a motion to correct an illegal sentence, holding that State v. Thompson's invalidation of violent career criminal provisions did not affect the appellant's sentence as a habitual felony offender.
Thompson's constitutional invalidation of violent career criminal provisions does not apply to sentences imposed under the habitual felony offender statute, which was enacted before the unconstitutional amendments.
[1] State v. …
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Join FLexlaw to unlock all legal intelligenceAppellant Cookshot appealed an order denying his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), claiming his…
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PER CURIAM.
This is an appeal from an order denying a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Although the clerk of the circuit court could not locate the notice of appeal which appellant filed in October 2002, we received a copy of the notice of appeal and appellant’s initial brief on October 15, 2002. The notice was filed within thirty days of the order being appealed. Therefore, even without the notice being sent from the clerk of the circuit court, we deem the copy of the notice as the institution of proceedings, transfer the same to the circuit court, see Fla. R.App. P. 9.040(b)(1), and deem appellant’s appeal timely filed.
On the merits, appellant claims that his sentence is illegal under State v. Thompson, 750 So. 2d 643, 649 (Fla.1999), which sustained a constitutional single subject challenge to the violent career criminal provisions enacted by chapter 95-182. However, appellant was not sentenced as a violent career criminal but as a habitual felony offender. The supreme court declared only those portions of section 775.084, Florida Statutes (1995), enacted in chapter 95-182, as being unconstitutional, not the previously enacted portions. Therefore, Thompson had no effect on appellant’s sentence. See Tiger v. State, 764 So. 2d 824, 824 (Fla. 4th DCA 2000).
Affirmed.
GUNTHER, WARNER and STEVENSON, JJ., concur.
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Rubin Jones v. State, 161 So. 3d 435 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See Campbell v. State, 884 So. 2d 190 (Fla. 2d DCA 2004); Burttram v. State, 846 So. 2d 1201 (Fla. 2d DCA 2003); Cookshot v. State, 846 So. 2d 604 (Fla. 4th DCA 2003); James v. State, 775 So. 2d 347 (Fla. 1st DCA 2000); Tiger v. State, 764 So. 2d 824 (Fla. 4th DCA 2000). KHOUZAM, MORRIS, and SLEET, JJ., Concur.…
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Authorities Cited
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Tiger v. State, 764 So. 2d 824 (Fla. 4th DCA 2000)