DocketNumber： 22-1919
Filed Date： 2/22/2023
Status： Precedential
Modified Date： 2/22/2023
Third District Court of Appeal State of Florida Opinion filed February 22, 2023. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D22-1919 Lower Tribunal Nos. F10-36830C and F11-15037A ________________ Zevin Mitchell, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge. Zevin Mitchell, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, C.J., and LOGUE, and LINDSEY, JJ. PER CURIAM. Affirmed. See Spencer v. State,842 So. 2d 52
(Fla.
2003)("[S]ubstantive claims of prosecutorial misconduct could and should
have been raised on direct appeal and thus are procedurally barred from
consideration in a postconviction motion."); and Boyd v. State, 880 So. 2d
726 (Fla. 2d DCA 2004)("A sentence is illegal for purposes of rule 3.800(a)
if it imposes punishment that no judge could possibly impose for the
charged crime under the entire body of sentencing statutes without regard
to the underlying factual circumstances.").
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