ARTHUR WARD, A/K/A ARTHUR LEE WARD, DOC # 034788, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Arthur Ward appeals the denial of his motion for resentencing, which the trial court treated as a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court affirmed the denial, holding that procedural errors in PRR sentencing must be raised on direct appeal or by timely Rule 3.850 motion, not via Rule 3.800(a) at any time.
The court held that procedural errors in PRR sentencing are not the type of alleged error that renders a sentence illegal under Rule 3.800(a). Such errors must be challenged on direct appeal or by a timely Rule 3.850 motion, not by a Rule 3.800(a) motion filed at any time.
[1] A challenge to the admissibility of evidence used to establish eligibility for prison releasee reoffender sentencing must be raised on direct appeal or by a timely motion…
[2] Alleged procedural errors in sentencing, such as the admissibility of an affidavit used to establish eligibility for enhanced sentencing, do not render a sentence illegal…
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Join FLexlaw to unlock all legal intelligence“this type of alleged error in sentencing procedure is not a matter that would render a PRR sentence an illegal sentence. This is not an issue that can be raised at any time pursuant to rule 3.800(a).”
Establishes the holding that procedural sentencing errors are not illegal sentences under Rule 3.800(a)
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Join FLexlaw to unlock all legal intelligenceWard was sentenced in April 2001 after pleading nolo contendere to five offenses across three informations. He received a fifteen-year sentence as a p…
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ALTENBERND, Judge.
Arthur Ward appeals the order denying his motion for “resentencing” that the circuit court properly treated as a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a).
We affirm the order. Mr. Ward was charged in three informa-tions with five offenses. He was sentenced at a single sentencing hearing in April 2001. He pleaded nolo contendere and agreed to certain sentences, the longest of which was fifteen years’ imprisonment as a prison releasee reoffender (PRR). See § 775.082(9), Fla. Stat. (2000). At the sentencing hearing, the State relied on a signed affidavit from the Department of Corrections certifying his last release date for the purpose of establishing his eligibility for sentencing as a prison releasee reof-fender. Mr. Ward did not object to that procedure.
In August 2005, Mr. Ward filed this motion, essentially alleging that his sentence is illegal because the affidavit from the Department of Corrections was not self-authenticating or otherwise admissible in evidence.1 He does not allege or even suggest that he was legally ineligible for PRR sentencing in April 2001. Without regard to the sufficiency of the allegations, we conclude that this type of alleged error in sentencing procedure is not a matter that would render a PRR sentence an illegal sentence. This is not an issue that can be raised at any time pursuant to rule 3.800(a).
Instead, it is comparable to the procedural issues involved in habitual offender sentencing and guidelines sentencing that must be challenged on direct appeal or by a timely motion pursuant to Florida Rule of Criminal Procedure 3.850. See Wright v. State, 911 So. 2d 81 (Fla. 2005); Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006); Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991); Johnson v. State, 917 So. 2d 1011 (Fla. 4th DCA 2006).
Affirmed.
CASANUEVA and WALLACE, JJ., Concur. . Although not disclosed in his motion, Mr. Ward filed direct appeals in all three of these cases and also filed an appeal of an order denying a motion pursuant to rule 3.850. All of these proceedings were affirmed on appeal. See Ward v. State, 888 So. 2d 37 (Fla. 2d DCA 2004); Ward v. State, 837 So. 2d 982 (Fla. 2d DCA 2002); Ward v. State, 835 So. 2d 1135 (Fla. 2d DCA 2002); Ward v. State, 827 So. 2d 1000 (Fla. 2d DCA 2002).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (28 total)
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Alon D. Sims v. State, 141 So. 3d 613 (Fla. 4th DCA 2014)…committed within the five-year period thereafter. However, that is a ground which had to be raised on direct appeal or, if he could show prejudice, in a timely rule 3.850 motion. See Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008); Ward v. State, 946 So. 2d 33 (Fla. 2d DCA 2006). In any event, the record established that the conviction for the predicate offense itself fell within the five-year period, making proof of the release date unnecessary, see § 775.084(1)(b)2, Fla. Stat. (1995), and Sims himself p…
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Weidner v. State, 978 So. 2d 198 (Fla. 4th DCA 2008)…PER CURIAM. Affirmed. See Ward v. State, 946 So. 2d 33 (Fla. 2d DCA 2006). WARNER, HAZOURI and MAY, JJ., concur.…
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Tucker v. State, 206 So. 3d 87 (Fla. 2d DCA 2016)…PER CURIAM. Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla.2011); Grant v. State, 770 So. 2d 655 (Fla.2000); Ellis v. State, 762 So. 2d 912 (Fla.2000); Ward v. State, 946 So. 2d 33 (Fla. 2d DCA 2006); Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008); Rangel v. State, 937 So. 2d 1218 (Fla. 3d DCA 2006). NORTHCUTT, LaROSE, and SLEET, JJ., Concur.…
Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
- Leonard v. State, 931 So. 2d 133 (Fla. 1st DCA 2006)
- Wright v. State, 911 So. 2d 81 (Fla. 2005)
- Markin v. Markin, 917 So. 2d 1011 (Fla. 4th DCA 2006)