Blackshear v. State

District Court of Appeal of Florida

Blackshear v. State

86 So. 3d 537, 2012 Fla. App. LEXIS 5630, 2012 WL 1232011

District Court of Appeal of Florida·Decided April 13, 2012·No. No. 2D11-2722·Published

Opinions

PER CURIAM.

We affirm the postconviction court’s denial of relief without prejudice to appellant’s right to file a new motion to correct illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), expressly alleging where in the records it can be demonstrated that he did not qualify for sentencing as a habitual violent felony offender when he was sentenced in 1996.

Affirmed.

KELLY and VILLANTI, JJ., Concur. ALTENBERND, J., Concurs with opinion.

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PER CURIAM.

We affirm the postconviction court’s denial of relief without prejudice to appellant’s right to file a new motion to correct illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), expressly alleging where in the records it can be demonstrated that he did not qualify for sentencing as a habitual violent felony offender when he was sentenced in 1996.

Affirmed.

KELLY and VILLANTI, JJ., Concur. ALTENBERND, J., Concurs with opinion.

Blackshear v. State, 86 So. 3d 537, 2012 Fla. App. LEXIS 5630, 2012 WL 1232011 (Fla. Ct. App. 2012).

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