Williams v. State

CASANUEVA, Judge.

Ralph Williams, Jr., appeals the trial court’s denial of his petition for mandamus, which we treat as a denial of a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800.

Williams alleged that his habitual offender sentence is illegal because although the written sentence indicates he was sentenced as a habitual offender, the trial court did not orally sentence him as a habitual offender. This claim is cognizable in a motion to correct illegal sentence. See Simon v. State, 793 So.2d 980 (Fla. 2d DCA 2001). The trial court erred in…