Mariah C. State
District Court of Appeal of Florida
1Opinion of the CourtRothenberg, J.
Morris Mariah appeals the trial court’s omnibus order denying his motions to correct, modify, or set aside what Mariah claims is an illegal sentence. Mariah contends that his cumulative twenty-year habitual felony offender sentence is an illegal sentence because: it exceeds the maximum period set forth by law; the trial court failed to determine whether there was a factual basis to impose an habitual offender sentence; Mariah was both insane and incompetent when he entered his plea; and the trial court’s finding, of competency was based on “stale” reports and testimony. Because we find that…
2Cases cited2 opinions
- Alston v. StateSupreme Court of Florida · 2004
- Hernandez-Alberto v. StateSupreme Court of Florida · 2013