Florida District Courts of Appeal, 2003

Pruitte v. State

Florida District Courts of Appeal · Decided May 16, 2003 · Altenbernd, Kelly, Northcutt

845 So. 2d 314; 2003 Fla. App. LEXIS 7144; 2003 WL 21118674 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Swain v. State (Fla. Dist. Ct. App. 2003)
Kaymore v. State (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

NORTHCUTT, Judge.

Richard V. Pruitte argues that his violent career criminal sentence is illegal under Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), which held chapter 99-188, Laws of Florida, unconstitutional. However, his claim is facially insufficient because he has failed to allege how he was affected by the amendments to the violent career criminal statute contained within chapter 99-188. Therefore, we affirm without prejudice to any right Pruitte may have to file a facially sufficient rule 3.800(a) motion raising this claim.

Affirmed.

ALTENBERND, C.J., and KELLY, J., Concur.

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