ALVIN SHARPE
v.
STATE OF FLORIDA
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An alleged defect in an information that purportedly deprives a defendant of due process notice of a potential enhanced sentence does not result in an illegal sentence subject to correction under Florida Rule of Criminal Procedure 3.800(a).
[1] An alleged defect in a criminal information that fails to provide notice of potential enhanced sentencing does not constitute an illegal sentence subject to correction un…
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Join FLexlaw to unlock all legal intelligence“alleged defect in information, which purportedly deprived defendant of his due process right to notice of potential enhanced sentence, did not result in an 'illegal sentence' subject to correction under Florida Rule of Criminal Procedure 3.800(a)”
Court's reasoning for affirmance, citing Martinez v. State
Alvin Sharpe appealed a trial court decision regarding a claim that the information was defective because it failed to provide adequate notice of pote…
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April 20, 2018 PER CURIAM.
AFFIRMED. See Martinez v. State, 211 So. 3d 989, 992 (Fla. 2017) (holding that alleged defect in information, which purportedly deprived defendant of his due process right to notice of potential enhanced sentence, did not result in an “illegal sentence” subject to correction under Florida Rule of Criminal Procedure 3.800(a)).
ROWE, RAY, and MAKAR, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.