Jackson v. State

W. SHARP, Judge.

Jackson appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he claims that he has newly discovered evidence, and that he received an illegal sentence. The trial court properly denied relief, finding that the matters raised were not truly newly discovered evidence nor was there an illegal sentence. We affirm.

In addition, we find that the lawfulness of Jackson’s sentence, i.e., whether he should have been given an habitual offender sentence and whether he should have been sentenced to a third-degree rather than a…