Legal Opinion

Jackson v. State

District Court of Appeal of Florida

Decided November 2, 2005No. 3D05-1755Published

1Opinion of the Court

ROTHENBERG, Judge.

The defendant, Tony Jackson, appeals an order denying his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal ■ Procedure 3.850(b), in which *12he argued that the Notice of Intent to Seek an Enhanced Penalty was insufficient. We affirm.

The trial court’s order indicates that it construed the defendant’s 3.850 motion as also filed under Florida Rule of Criminal Procedure 3.800 because the defendant claimed that his sentence is illegal. We find that the trial court correctly ruled that the defendant’s claim is not cognizable under Rule 3.800(a), see Zafora…

2Cases cited3 opinions

  1. Cooper v. StateDistrict Court of Appeal of Florida · 2002
  2. Reese v. StateDistrict Court of Appeal of Florida · 2005
  3. Zafora v. StateDistrict Court of Appeal of Florida · 2005

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