FELTON ERNEST EPPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FELTON ERNEST EPPS, APPELLANT,
STATE OF FLORIDA, APPELLEE
912 So. 2d 644
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. A defective notice of intent to habitualize is a procedural error which does not result in an illegal sentence which can be raised in a Florida Rule of Criminal Procedure 3.800(a) motion. Moore v. State, 810 So. 2d 976 (Fla. 4th DCA 2002); Hollis v. State, 763 So. 2d 1155 (Fla. 4th DCA 2000).
WARNER, KLEIN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Martin v. State, 952 So. 2d 529 (Fla. 4th DCA 2006)…xceed the limits provided by law for a habitual violent felony offender; and any defect in the notice of intent to habitualize is a procedural error that does not result in an illegal sentence cognizable in a rule 3.800(a) motion, see Epps v. State, 912 So. 2d 644 (Fla. 4th DCA 2005). A 3.800(a) motion is the only means by which he could challenge his sentence so many years after his conviction and sentence became final. SHAHOOD, GROSS and MAY, JJ., concur.…
Authorities Cited
- Hollis v. State, 763 So. 2d 1155 (Fla. 4th DCA 2000)
- Liberty Mut. Ins. Co. & Process Sys., Inc. v. Prather, 810 So. 2d 976 (Fla. 1st DCA 2002)