WILLIAMS
v.
STATE OF FLORIDA
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A claim challenging the State's failure to serve written notice of intent to habitualize is not cognizable under Florida Rule of Criminal Procedure 3.850 because it constitutes a procedural challenge to the sentence imposition rather than a cognizable post-conviction claim.
[1] A procedural defect in the State's notice of intent to habitualize does not render a sentence illegal and is not cognizable as a basis for post-conviction relief under Fl…
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 challenge to the procedure that led to the imposition of the punishment is not cognizable in a rule 3.800(a) proceeding.”
The court cited Gary v. State to support the principle that procedural defects in sentencing are not grounds for post-conviction relief under the applicable rules.
Zachary A. Williams appealed from a circuit court judgment in Leon County, raising a claim based on the State's alleged failure to serve written notic…
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April 24, 2024 PER CURIAM.
Appellant’s motion was untimely under Florida Rule of Criminal Procedure 3.850. Moreover, a failure by the State to serve written notice of intent to habitualize does not result in an illegal sentence, and a claim based on such a failure is not cognizable under rule 3.800(a). See Gary v. State, 276 So. 3d 401, 402 (Fla. 1st DCA 2019) (“[A] challenge to the procedure that led to the imposition of the punishment is not cognizable in a rule 3.800(a) proceeding.”). AFFIRMED. B.L. THOMAS, RAY, and KELSEY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Cogdell v. State (Fla. 1st DCA 2020)…PER CURIAM. AFFIRMED. See Gary v. State, 276 So. 3d 401, 402 (Fla. 1st DCA 2019) (holding that “a challenge to the procedure that led to the imposition of the punishment is not cognizable in a rule 3.800(a) proceeding”). LEWIS, ROWE, and JAY, JJ., concur. _____________________________ Not final until…
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Dumas v. State (Fla. 1st DCA 2020)…PER CURIAM. AFFIRMED. See Gary v. State, 276 So. 3d 401, 402 (Fla. 1st DCA 2019) (holding that a Florida Rule of Criminal Procedure 3.800(a) motion is not the proper means to challenge the procedure leading to a defendant’s designation as a habitual felony offender). The Court has determined that this ap…
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Deloney v. State (Fla. 1st DCA 2020)…PER CURIAM. AFFIRMED. See Gary v. State, 276 So. 3d 401, 402 (Fla. 1st DCA 2019) (holding that “a challenge to the procedure that led to the imposition of the punishment is not cognizable in a rule 3.800(a) proceeding”). Appellant is warned that any future filings that this Court determines to be frivol…
Authorities Cited
- Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008)