Jerome McClellion v. State of Florida

Jerome McClellion appeals the denial of his rule 3.800(a) motion to correct an illegal sentence. We affirm because Appellant has not shown that his sentence is illegal and because the motion attempts to bring an untimely and procedurally-barred challenge to a conviction. 1 We write to further clarify that an unpreserved trial court error in allowing a jury to consider a lesser offense is not a conviction for an uncharged crime that can be raised at any time in a postconviction motion.

Background

Appellant was charged in count one with aggravated battery on a law enforcement officer (LEO) based…