Ivey v. State

Neal B. Ivey appeals the summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850.

In his motion, appellant alleges that his habitual offender sentence is illegal because he did not receive the requisite written notice that the state was seeking an enhanced penalty. § 775.084(3)(b), Fla.Stat. (1983). The trial judge denied the motion on the ground that the issue was not subject to collateral attack by motion for post-conviction relief.

This court ruled to the contrary in Grubbs v. State, 412 So.2d 27 (Fla. 2d DCA 1982), where we found that the same…