PABLO BAUER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a prior grand theft conviction can serve as a predicate conviction for habitual felony offender sentencing.
Appellant sought to correct an illegal sentence, arguing a prior grand theft conviction was an improper predicate for his habitual felony offender sen…
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We affirm the denial of appellant’s ninth motion to correct an illegal sentence. Appellant claims that his habitual felony offender sentence is illegal because a prior grand theft conviction cannot serve as a predicate conviction for HFO sentencing. He is wrong. See § 775.084(l)(a), Fla. Stat. (1999).
It continues to concern us that Florida Rule of Criminal Procedure 3.800 permits a prisoner to file a motion to correct an illegal sentence at any time, and there is no limit on the number of such motions which can be filed. See State v. McBride, 848 So.2d 287, 290 (Fla.2003) (“Florida courts have held, and we agree, that the phrase ‘at ány time’ allows defendants to file successive motions under rule 3.800.”). This has led to the proliferation of successive filings by prisoners and a substantial and costly increase in workload for both trial and appellate courts.
Rule 3.800(a) needs to be amended to require the prisoner to raise all contentions of illegality in the same motion and within two years of the sentence. The illegality of the sentence is present when the sentence is imposed. It shouldn’t take ten or fifteen years to discover it. We require rale 3.850 motions for postconviction relief to be brought within two years, and only one such motion can be brought, with certain limited exceptions. Likewise, limiting rale 3.800(a) motions would not deprive prisoners of any right. It would only reduce the cost of prisoner litigation.
Affimed.
POLEN and STEVENSON, JJ., concur.
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Crittenden v. State, 67 So. 3d 1184 (Fla. 5th DCA 2011)…cated in a way that promotes the interests of justice. The continual processing of [a] petitioner’s frivolous [filings] does not promote that end.” In re McDonald, 489 U.S. 180, 184, 109 S.Ct. 993, 103 L.Ed.2d 158 [*1186] (1989); see Bauer v. State, 31 So. 3d 220, 220 (Fla. 4th DCA 2010) (“It continues to concern us that [rule] 3.800 permits a prisoner to file a motion to correct an illegal sentence at any time, and there is no limit on the number of such motions which can be filed.... This has led to the pr…
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Thompson v. State, 36 So. 3d 723 (Fla. 1st DCA 2010)…in raising the argument. We join the Fourth District in recommending that Florida Rule of Criminal Procedure 3.800(a) be amended to require that such claims be filed in a single motion raised within two years of the date of sentence. Bauer v. State, 31 So. 3d 220 (Fla. 4th DCA 2010). Appellant was sentenced in 1998 to nine months in jail, followed by one year of probation. He later violated his probation and was sentenced to 12.7 years in prison. Appellant now claims that the scoresheet used during this neg…1 / 2
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Brown v. State, 51 So. 3d 1256 (Fla. 5th DCA 2011)…imited resources; it is the court’s responsibility to see that these resources are allocated in a way that promotes the interests of justice); Isley v. State, 652 So. 2d 409, 410-11 (Fla. 5th DCA 1995) (“Enough is enough.”); see also Bauer v. State, 31 So. 3d 220, 220 (Fla. 4th DCA 2010) (“It continues to concern us that [rule] 3.800 permits a prisoner to file a motion to correct an illegal sentence at any time, and there is no limit on the number of such motions which can be filed.... This has led to the pr…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)