Florida District Courts of Appeal, 2005

Contreras v. State

Contreras v. State
Florida District Courts of Appeal · Decided August 31, 2005 · Cortinas, Schwartz, Wells
909 So. 2d 962; 2005 Fla. App. LEXIS 13758; 2005 WL 2087955 (Southern Reporter, Second Series)

Contreras v. State

Opinion of the Court

WELLS, Judge.

Raul Contreras appeals from an order denying his Rule 3.800(a) motion to correct illegal sentence claiming that the habituali-zation notice provided to him was not sufficiently specific. A notice deficiency of this nature does not, however, render a sentence “illegal” under Rule 3.800(a) and must therefore be raised in a motion for post-conviction relief under Rule 3.850. See Cooper v. State, 817 So.2d 934 (Fla. 3d DCA 2002). Under Rule 3.850, the instant claim is time-barred.

Affirmed.

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