KEITH ALLEN SHEPHERD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CANADY, Judge.
Keith Allen Shepherd challenges the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion, finding that it was untimely filed. We affirm without comment the denial of grounds one, two, and three on that basis. However, Shepherd also raised a claim that his sentences are illegal. Although we do not reach the merits of that claim, we note that it could have been raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and therefore would not be barred by the two-year time limitation. As this court did in Gill v. State, 829 So. 2d 299, 300 (Fla. 2d DCA 2002), we reverse the trial court’s order with instructions to treat the illegal sentence claim as one filed pursuant to Florida Rule of Criminal Procedure 3.800(a).
Affirmed in part, reversed in part, and remanded.
SALCINES and YILLANTI, JJ., concur.
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Shepherd v. State, 932 So. 2d 335 (Fla. 2d DCA 2006)…d prevent him from preserving his entitlement to controlled release. This court affirmed the summary denial of Shepherd’s original rule 3.850 motion but reversed for the newly added claim to be considered as a rule 3.800(a) claim. Shepherd v. State, 890 So. 2d 333 (Fla. 2d DCA 2004). On remand, in considering the newly added claim under rule 3.800(a), the post-conviction court failed to consider whether Shepherd’s claim was, in fact, facially sufficient. The posteonviction court addressed the merits of Sheph…
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Shepherd v. State, 998 So. 2d 1164 (Fla. 2d DCA 2008)…sentences, the life sentence for murder was imposed as a habitual offender sentence. In two more written opinions, this court expressed concern with Mr. Shepherd’s sentences. Shepherd v. State, 932 So. 2d 335 (Fla. 2d DCA 2006); Shepherd v. State, 890 So. 2d 333 (Fla. 2d DCA 2004). In our opinion in 2006, we expressly explained that the sentence for first-degree murder entered in 1998 could not be treated as a habitual offender sentence. We affirmed, but gave Mr. Shepherd the right to try again in the trial…
Authorities Cited
- Gill v. State, 829 So. 2d 299 (Fla. 2d DCA 2002)