Cruz v. State
Cruz v. State
890 So. 2d 1253; 2005 Fla. App. LEXIS 244; 2005 WL 94862
(Southern Reporter, Second Series)
Cruz v. State
Opinion of the Court
The claim of defendant-appellant Felio Cruz that his sentence for robbery exceeds the legal maximum is without merit. See § 813.011, Fla. Stat. (1969) (robbery is punishable “by imprisonment in the state prison for life or any lesser term of years, at the discretion of the court.”).
The defendant’s remaining claims are fact-based claims which must be brought under Florida Rule of Criminal Procedure 3.850, and are time-barred. See Fla. R.Crim. P. 3.850(b).
Affirmed.
Defendant's motion under Florida Rule of Criminal Procedure 3.800(a) asserts that the crime date was December 10, 1969.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.