JAMES TYRONE ROBERTS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JAMES TYRONE ROBERTS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
963 So. 2d 849
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Defendant, James Tyrone Roberts, was prevented from appealing the trial court’s denial of his original 3.800 motion for post-conviction relief because he did not receive timely notice of that denial. We thus treat defendant’s “Amendment to 3.800(a) Motion” as a petition for belated appeal and reach the merits of the appeal of the denial of his original 3.800 motion. See Fla. R.App. P. 9.040(c); Suarez v. State, 677 So. 2d 1316 (Fla. 3d DCA 1996). On the merits, we find no error in the trial court’s summary denial of the defendant’s claim of illegal sentencing, and affirm.
Affirmed.
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Citator
Cited By
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Roberts v. State, 990 So. 2d 573 (Fla. 3d DCA 2008)…which was treated as a second rule 3.800(a) motion. It challenged the imposition of his twenty-five year mandatory minimum sentence under the ten-twenty-life law. The denial of that motion was affirmed on the merits by this court. Roberts v. State, 963 So. 2d 849 (Fla. 3d DCA 2007). To the extent that the defendant has raised that issue in the motions now before us, the claim is barred by collateral estoppel. The defendant’s remaining claims are not barred by collateral estoppel, but are without merit. Ther…
Authorities Cited
- Suarez v. State, 677 So. 2d 1316 (Fla. 3d DCA 1996)