Legal Opinion

Adams v. State

District Court of Appeal of Florida

Decided July 20, 2005No. 3D05-1094Published

1Opinion of the Court

ROTHENBERG, Judge.

The defendant, Joseph Adams, appeals an order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The defendant argues that the Notice of Intent to Seek an Enhanced Penalty was a “shot*1201gun” notice, and therefore, insufficient. The alleged deficiency in the notice, however, does not render the sentence “illegal” under Rule 3.800(a), and may only be raised in a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Zafora v. State, 900 So.2d 675 (Fla. 3d DCA 2005); Reese v.…

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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