ALVIN A. CLAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, J.
Alvin A. Clayton appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Clayton alleged that he entered into a plea agreement with the State, calling for a split sentence of forty-six months in prison, followed by fifty months on probation. Clayton further alleged that the trial court refused to honor the plea agreement, and, instead, sentenced him to fifteen years in prison as a habitual offender. Clayton contends that his sentence is illegal because he was never informed that the State was seeking habitual offender sentencing. We affirm the trial court’s denial of Clayton’s motion. Claims that the procedural requirements of the habitual offender statute were not followed are not cognizable in a rule 3.800(a) proceeding. See Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002); Hope v. State, 766 So. 2d 343 (Fla. 5th DCA 2000).
AFFIRMED.
PETERSON and THOMPSON, JJ., concur.
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Neff v. State, 204 So. 3d 520 (Fla. 2d DCA 2016)…PER CURIAM. Affirmed. See Ellis v. State, 762 So. 2d 912 (Fla.2000); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002); Clayton v. State, 904 So. 2d 660 (Fla. 5th DCA 2005); Hope v. State, 766 So. 2d 343 (Fla. 5th DCA 2000). CASANUEVA, KHOUZAM, and MORRIS, JJ., Concur.…
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Longley v. State, 944 So. 2d 1248 (Fla. 5th DCA 2006)…(based on being successive, time barred, etc.) just doesn’t count. It does count, and a claim that the procedural requirements of the habitual offender statute were not followed is not cognizable in a rule 3.800(a) proceeding. See Clayton v. State, 904 So. 2d 660, 660 (Fla. 5th DCA 2005); Payton v. State, 810 So. 2d 539, 540 (Fla. 5th DCA 2002). It is far too late for Longley to file a rule 3.850 motion, to say nothing of the fact that it would be his fourth rule 3.850 motion if he did so. Third, we hold t…
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Jones v. State, 2 So. 3d 302 (Fla. 2d DCA 2008)…. Affirmed. See Ward v. State, 946 So. 2d 33 (Fla. 2d DCA 2006); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Lett v. State, 805 So. 2d 950 (Fla. 2d DCA 2001) (en banc); Clayton v. State, 904 So. 2d 660 (Fla. 5th DCA 2005); Sampson v. State, 832 So. 2d 251 (Fla. 5th DCA 2002). This court has taken judicial notice of the transcript for the February 28, 1992, sentencing hearing for Mr. Jones, which is contained in the appellate record of a prior ap…
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- Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002)
- Hope v. State, 766 So. 2d 343 (Fla. 5th DCA 2000)