LESTER HACKLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a mandatory life sentence imposed under the prison releasee reoffender statute, holding that alleged racial discrimination in prosecution enhancement cannot be raised via Rule 3.800(b) motion because such claims are not sentence-related errors apparent on the face of the sentencing order.
Alleged racial discrimination by prosecutors in seeking sentencing enhancement under the prison releasee reoffender statute is not an error apparent on the face of a sentencing order and therefore cannot be preserved through a Rule 3.800(b) motion.
[1] Alleged racial discrimination by prosecutors in seeking sentencing enhancement is not an error apparent on the face of a sentencing order and cannot be preserved through…
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Join FLexlaw to unlock all legal intelligence“the rule preserves errors apparent 'in sentence-related orders, not any error in the sentencing process.'”
Court explaining the scope of Rule 3.800(b) motions, citing Jackson v. State
Lester Hackley was convicted of burglary of a conveyance with an assault, which the Florida Supreme Court determined was a qualifying offense under th…
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.Appellant, Lester Hackley, challenges the reimposition of a mandatory life sentence after the supreme court determined in State v. Hackley, 95 So.3d 92, 93 (Fla.2012), that his conviction for burglary of a conveyance with an assault was a qualifying offense under the prison releasee reof-fender statute, section 775.082(9), Florida Statutes (2006). Appellant raises multiple issues, but we write only to address his claim of sentencing error under Florida Rule of Criminal Procedure 3.800(b) based on alleged ■ racial discrimination by the prosecuting authorities in seeking enhancement under the statute. Although constitutional claims may be raised in a 3.800(b) motion, the rule preserves errors apparent “in sentence-relatéd orders, not any error in the sentencing process.” *155 Jackson v. State, 983 So.2d 562, 572 (Fla.2008) (emphasis in original). Alleged discrimination by the prosecution in seeking enhancement is not an error apparent on the face of the order itself; thus, the 3.800(b) motion failed to preserve this issue for appellate review. Because Appellant did not raise the alleged error, during the resentencing hearing, this Court is precluded from reaching the merits of this issue.
AFFIRMED.
WETHERELL and RAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jackson v. State, 983 So. 2d 562 (Fla. 2008)
- State v. Hackley, 95 So. 3d 92 (Fla. 2012)