Legal Opinion

Ojeda v. State

District Court of Appeal of Florida

Decided February 7, 2007No. 06-3086Published

1Per curiam

Michael Ojeda appeals from an order denying his rule 3.800 motion to correct an illegal sentence and his motion for rehear*872ing of that order. We affirm both orders. The issues raised in arguments II and III of Ojeda’s motion are not cognizable under rule 3.800, and the time for filing a rule 3.850 motion, in this case, has long passed. The remaining issue raised in Ojeda’s 3.800 motion regarding scoresheet errors was correctly rejected in light of his habitual offender sentence. See Osborn v. State, 915 So.2d 189, 190 (Fla. 3d DCA 2005)(“a habitual offender sentence is exempt from the…

2Cases cited2 opinions

  1. Osborn v. StateDistrict Court of Appeal of Florida · 2005
  2. Robinson v. StateDistrict Court of Appeal of Florida · 1995

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