Marcus Tramiane Terry v. State

District Court of Appeal of Florida

Marcus Tramiane Terry v. State

151 So. 3d 521, 2014 Fla. App. LEXIS 17905, 2014 WL 5615555

District Court of Appeal of Florida·Decided November 5, 2014·No. 4D12-4291·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

151 So. 3d 521 (Marcus Tramiane Terry v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related