NORRIS GECORVIS WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1114] PER CURIAM,
Norris Williams appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm because we find that neither of Williams’ claims would render his sentence illegal for the purposes of rule 3.800 as defined by Davis v. State, 661 So. 2d 1193 (Fla.1995). Williams’ first allegation, that the trial court erred in failing to provide adequate reasons for imposing a departure sentence, is not cognizable in a rule 3.800 motion. See id. Williams’ second allegation — that the trial court may have erroneously believed that the imposition of a habitual offender sentence was mandatory, thus entitling him to resentencing pursuant to Burdick v. State, 594 So. 2d 267 (Fla.1992)-likewise is not subject to review under rule 3.800 as an illegal sentence as defined in Davis. See, e.g., Lee v. State, 679 So. 2d 1158 (Fla.1996) (holding that the court’s erroneous failure to consider whether defendant qualified for discretionary youthful offender sentencing did not render sentence illegal for the purposes of rule 3.800).
Mfirmed.
BLUE, A.C.J., and FULMER and SALCINES, JJ., Concur.
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Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003)…lude a sentence that patently fails to comport with statutory or constitutional limitations. After Mancino issued, this court continued to hold that a challenge to departure reasons is not cognizable in a rule 3.800(a) motion. See Williams v. State, 734 So. 2d 1113 (Fla. 2d DCA 1999). In Maddox v. State, 760 So. 2d 89, 107-08 (Fla.2000), the Florida Supreme Court again addressed the issue and held that the failure to file written departure reasons is a fundamen [*1155] tal error for purposes of direct appeal;…
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Demo v. State, 833 So. 2d 168 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Hall v. State, 823 So. 2d 757 (Fla.2002); Williams v. State, 734 So. 2d 1113 (Fla. 2d DCA 1999). SHARP, W., PETERSON and PALMER, JJ., concur.…1 / 2
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Dawes v. State, 138 So. 3d 567 (Fla. 2d DCA 2014)…Fla. 2d DCA 2009); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Waiter v. State, 965 So. 2d 861 (Fla. 2d DCA 2007); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Williams v. State, 734 So. 2d 1113 (Fla. 2d DCA 1999); Greenlee v. State, 591 So. 2d 310 (Fla. 2d DCA 1991); Murray v. State, 36 So. 3d 792 (Fla. 1st DCA 2010); Mills v. State, 840 So. 2d 464 (Fla. 4th DCA 2003); Rodriguez v. State, 645 So. 2d 98 (Fla. 3d DCA 1994). KHOUZAM, MORRIS…
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- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- LEE v. State, 679 So. 2d 1158 (Fla. 1996)