MARCUS TRAMAINE TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARCUS TRAMAINE TERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
151 So. 3d 521
Florida District Court of Appeal, Fourth District (2014)
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jackson v. State, 983 So. 2d 562 (Fla. 2008)
- Brannon v. State, 850 So. 2d 452 (Fla. 2003)
- Shavon L. Miller v. State, 788 So. 2d 330 (Fla. 4th DCA 2001)