KEVIN JONES
v.
STATE OF FLORIDA
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A motion challenging the legality of a conviction based on jury composition must be raised in a rule 3.850 motion, not a rule 3.800(a) motion, and is barred if filed outside the two-year limitations period.
[1] A postconviction attack on the validity of a conviction based on jury composition is cognizable only under Florida Rule of Criminal Procedure 3.850, not under rule 3.800(…
[2] A postconviction motion under Florida Rule of Criminal Procedure 3.850 is barred if filed more than two years after the trial court's judgment.
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Join FLexlaw to unlock all legal intelligenceKevin Jones was convicted of first-degree murder by a six-person jury in 2013 after waiving his right to a twelve-person jury in exchange for the Stat…
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September 15, 2021 PER CURIAM.
Kevin Jones appeals from an order summarily denying his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Jones asserted that he was entitled to relief from his sentence because he was convicted by a six-person jury, rather than a twelve-person jury. Before his trial in 2013, Jones waived his right to a twelve-person jury in exchange for the State’s agreement not to seek the death penalty on the charge of first-degree murder. The trial court correctly denied postconviction relief because Jones’ attack on his conviction was not cognizable under rule 3.800(a). Because the claim attacks his conviction, not the legality of his sentence, Jones should have raised the claim in a rule 3.850 motion. See Fla. R. Crim. P. 3.850(a). But even if considered under rule 3.850, the trial court correctly denied relief because Jones filed the motion outside the two-year limit set forth in rule 3.850. See Fla. R. Crim. P. 3.850(b).
AFFIRMED.
ROWE, C.J., and LEWIS and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Kevin Jones, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.