Home/District Court of Appeal of Florida/Marcus Tramiane Terry v. State

Marcus Tramiane Terry v. State

151 So. 3d 521, 2014 Fla. App. LEXIS 17905, 2014 WL 5615555
CourtDistrict Court of Appeal of Florida
DecidedNovember 5, 2014
Docket4D12-4291
StatusPublished

This text of 151 So. 3d 521 (Marcus Tramiane Terry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marcus Tramiane Terry v. State, 151 So. 3d 521, 2014 Fla. App. LEXIS 17905, 2014 WL 5615555 (Fla. Ct. App. 2014).

Opinion

PER CURIAM.

We agree with appellant that a rule 3.800(b) motion is an appropriate means for asserting an unpreserved procedural error in the sentencing process relating to whether appellant was properly habitual-ized by the court. Jackson v. State, 983 So.2d 562, 572 (Fla.2008) (citing Brannon v. State, 850 So.2d 452, 454 (Fla.2003)). Defendants may raise such constitutional challenges to a sentence in a rule 3.800(b) motion. Miller v. State, 788 So.2d 330, 331 (Fla. 4th DCA 2001). However, we affirm on all other issues raised by appellant on the merits.

Affirmed.

GERBER, LEVINE and KLINGENSMITH, JJ., concur.

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Related

Jackson v. State
33 Fla. L. Weekly Fed. S 357 (Supreme Court of Florida, 2008)
Brannon v. State
850 So. 2d 452 (Supreme Court of Florida, 2003)
Miller v. State
788 So. 2d 330 (District Court of Appeal of Florida, 2001)

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Bluebook (online)
151 So. 3d 521, 2014 Fla. App. LEXIS 17905, 2014 WL 5615555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcus-tramiane-terry-v-state-fladistctapp-2014.