CARLTON TUGGERSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (17 total)

• Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008)
  …in the procedures used to establish a defendant qualifies for enhanced sentencing, while not cognizable in a rule 3.800(a) motion, “must be” raised in a rule 3.850 motion. See e.g. Zafara v. State, 900 So. 2d 675 (Fla. 3d DCA 2005); Reese v. State, 899 So. 2d 428, 429 (Fla. 3d DCA 2005); Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002) (pertaining to claims of improper notice for enhanced sentencing). We agree that rule 3.850 may provide a remedy but only when the movant can show prejudice from the allege…
• Romeo v. State, 965 So. 2d 197 (Fla. 3d DCA 2007)
  …ised in a previous postconviction motion, although it is not entirely clear whether it was adjudicated on the merits. In any event, a claim of legal insufficiency of a notice of enhancement cannot be raised by a Rule 3.800(a) motion. Reese v. State, 899 So. 2d 428, 429-30 (Fla. 3d DCA 2005); Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002). We affirm the trial court’s order insofar as it denied relief on the notice issue. For the stated reasons, we affirm the denial order in part, reverse in part, and rema…
• Tunsil v. State, 929 So. 2d 665 (Fla. 3d DCA 2006)
  …PER CURIAM. Affirmed. See Reese v. State, 899 So. 2d 428 (Fla. 3d DCA 2005) (confirming that infirmity in notice of intent to seek enhanced sentence must be raised in a timely Rule 3.850 motion); Tunsil v. State, 797 So. 2d 651, 653 (Fla. 3d DCA 2001)(re-manding for resentencing as expressly ordered and s…

Authorities Cited

• McBRIDE v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)
• Frumenti v. State, 885 So. 2d 924 (Fla. 5th DCA 2004)