Florida District Courts of Appeal, 2003

Kaymore v. State

Kaymore v. State
Florida District Courts of Appeal · Decided June 11, 2003 · Covington, Davis, Silberman
846 So. 2d 1254; 2003 Fla. App. LEXIS 8732; 2003 WL 21338937 (Southern Reporter, Second Series)

Kaymore v. State

Opinion of the Court

SILBERMAN, Judge.

Darryl Kaymore argues that his habitual violent felony offender sentence with a ten-year minimum mandatory 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 the date of his offenses or how he was affected by the amendments to the violent career criminal statute contained in chapter 99-188. See Pruitte v. State, 845 So.2d 314 (Fla. 2d DCA 2003); Glover v. State, 845 So.2d 258(Fla. 2d DCA 2003). Accordingly, we affirm without prejudice to any right Kay-more may have to file a facially sufficient rule 3.800(a) motion raising these claims.

Affirmed.

DAVIS and COVINGTON, JJ., Concur.

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