Contreras v. State , 2005 Fla. App. LEXIS 13758 ( 2005 )


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  • WELLS, Judge.

    Raul Contreras appeals from an order denying his Rule 3.800(a) motion to correct illegal sentence claiming that the habituali-zation notice provided to him was not sufficiently specific. A notice deficiency of this nature does not, however, render a sentence “illegal” under Rule 3.800(a) and must therefore be raised in a motion for post-conviction relief under Rule 3.850. See Cooper v. State, 817 So.2d 934 (Fla. 3d DCA 2002). Under Rule 3.850, the instant claim is time-barred.

    Affirmed.

Document Info

Docket Number: No. 3D05-1720

Citation Numbers: 909 So. 2d 962, 2005 Fla. App. LEXIS 13758, 2005 WL 2087955

Judges: Cortinas, Schwartz, Wells

Filed Date: 8/31/2005

Precedential Status: Precedential

Modified Date: 10/18/2024