ENOCH WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of rule 3.800(a) motion challenging habitual offender sentencing, holding that procedural defects in sentencing do not constitute illegal sentences under rule 3.800(a).
A challenge to the procedures used to impose a habitual offender sentence cannot be raised in a rule 3.800(a) motion for illegal sentence.
[1] Procedural defects in imposing a habitual offender sentence are not cognizable under rule 3.800(a) for illegal sentences; only substantive illegality of the sentence itse…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A deficiency merely in the procedure employed, where the movant actually qualifies for an enhanced sentence, does not result in an illegal sentence.”
Court explaining that procedural errors in sentencing do not make a sentence illegal under rule 3.800(a).
Enoch Wilson was sentenced as a habitual offender and prison releasee reoffender. He filed a rule 3.800(b)(2) motion challenging the evidence and proc…
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Enoch Wilson appeals the denial of a rule 3.800(a) motion. His motion challenged the evidence and the procedures used to sentence him as a habitual offender and prison releasee reoffender. He speculates that he may have been resen-tenced if the trial court had considered these issues when first raised in a rule 3.800(b)(2) motion, rather than improperly *1246staying the motion pending his direct appeal. He did not raise these issues on direct appeal or in a timely rule 3.850 motion, his sentence was not final until the mandate issued on direct appeal in March 2007. Contrary to his arguments, the documents the state relied on at sentencing were admissible in this district at the time. Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), disapproved in part, 993 So.2d 952 (Fla.2008). He has not alleged or demonstrated that his sentence is illegal within the meaning of rule 3.800(a). See Bover v. State, 797 So.2d 1246 (Fla.2001). A challenge to the procedures used to impose a habitual offender sentence cannot be raised in a rule 3.800(a) motion. See Ives v. State, 993 So.2d 117, 120 (Fla. 4th DCA 2008) (recognizing “[a] deficiency merely in the procedure employed, where the movant actually qualifies for an enhanced sentence, does not result in an illegal sentence”).
Accordingly, we affirm the circuit court’s order.
Affirmed.
WARNER, DAMOORGIAN and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Bover v. State, 797 So. 2d 1246 (Fla. 2001)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008)