Jonathan Powell v. State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 28, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-2367 Lower Tribunal No. F08-20997 ________________

Jonathan Powell, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.

Jonathan Powell, in proper person.

James Uthmeier, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

Before SCALES, C.J., and EMAS and FERNANDEZ, JJ.

PER CURIAM. Affirmed. See Martinez v. State, 211 So. 3d 989, 990-92 (Fla. 2017)

(defendant challenged the procedure that led to the imposition of his

mandatory minimum sentence, arguing he was deprived of due process by

an alleged technical defect in the charging document; the Court affirmed the

trial court’s order denying relief, holding that such a challenge to the

procedure employed to impose the punishment does not constitute an “illegal

sentence” subject to correction under Florida Rule of Criminal Procedure

3.800(a)); Louis v. State, 394 So. 3d 104 (Fla. 3d DCA 2024); Cabrera v.

State, 352 So. 3d 512, 514 (Fla. 2d DCA 2022) (“[A] claim that the charging

document did not allege the facts necessary to support [the] enhanced

sentence is precisely the type of technical deficiency in the sentencing

procedure that the supreme court held is not cognizable in a rule 3.800(a)

motion.”); Robinson v. State, 215 So. 3d 1262 (1st DCA 2017).