MARTINEZ
v.
STATE OF FLORIDA
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A claim that the trial court misunderstood its sentencing options is not cognizable under Florida Rule of Criminal Procedure 3.800(a).
[1] A postconviction claim that the trial court misunderstood its sentencing options is not cognizable under Florida Rule of Criminal Procedure 3.800(a) when the claim could…
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Join FLexlaw to unlock all legal intelligence“Because this claim could have been raised on direct appeal, and the error does not render the appellant's sentence illegal, it is not cognizable in a postconviction motion under either rule 3.800, or rule 3.850.”
Court's reasoning citing Stephens v. State, 823 So. 2d 180, 181-82 (Fla. 1st DCA 2002)
Eric C. Martinez filed a postconviction motion in the Circuit Court for Gilchrist County challenging his sentence.…
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PER CURIAM.
A claim alleging the trial court misunderstood its sentencing options is not cognizable under Florida Rule of Criminal Procedure 3.800(a). See Stephens v. State, 823 So. 2d 180, 181—82 (Fla. 1st DCA 2002) (“Because this claim could have been raised on direct appeal, and the error does not render the appellant’s sentence illegal, it is not cognizable in a postconviction motion under either rule 3.800, or rule 3.850.”). We affirm the order below.
ROBERTS, BILBREY, and M.K. THOMAS, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Eric C. Martinez, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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