Florida District Courts of Appeal, 2001

Sanchez v. State

Florida District Courts of Appeal · Decided September 26, 2001 · Cope, Goderich, Shevin

795 So. 2d 221; 2001 Fla. App. LEXIS 13442; 2001 WL 1131044 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

GODERICH and SHEVIN, JJ., concur.

Concurring Opinion

COPE, J.

(concurring).

While the trial court was in error in saying that the appellant’s claim was not cognizable by a motion under Florida Rule of Criminal Procedure 3.800(a), see Carter v. State, 786 So.2d 1173 (Fla. 2001), relief was properly denied because the offense of armed robbery is a first degree felony punishable by life imprisonment. See § 812.13(2)(a), Fla. Stat. (1993). Accordingly, habitualization was permissible. See Lamont v. State, 610 So.2d 435 (Fla. 1992).*

At the time of appellant's crimes, habitualization was not permissible for a life felony, but appellant is incorrect in saying that his offenses were life felonies.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.