ZEVIN MITCHELL
v.
THE STATE OF FLORIDA
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Substantive claims of prosecutorial misconduct must be raised on direct appeal and are procedurally barred from postconviction relief motions; a sentence is illegal only if it imposes punishment that no judge could lawfully impose under applicable sentencing statutes.
[1] Substantive claims of prosecutorial misconduct are procedurally barred from consideration in postconviction relief motions and must be raised on direct appeal.
[2] A sentence is illegal under Florida Rule 3.800(a) only if it imposes punishment that no judge could lawfully impose for the charged crime under the entire body of applica…
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Join FLexlaw to unlock all legal intelligenceMitchell sought postconviction relief in Miami-Dade County circuit court raising claims of prosecutorial misconduct related to convictions in two case…
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PER CURIAM.
Affirmed. See Spencer v. State, 842 So. 2d 52 (Fla.
2003)("[S]ubstantive claims of prosecutorial misconduct could and should
have been raised on direct appeal and thus are procedurally barred from
consideration in a postconviction motion."); and Boyd v. State, 880 So. 2d
726 (Fla. 2d DCA 2004)("A sentence is illegal for purposes of rule 3.800(a)
if it imposes punishment that no judge could possibly impose for the
charged crime under the entire body of sentencing statutes without regard
to the underlying factual circumstances.").