Jones v. State
Jones v. State
Opinion of the Court
Nathan Jones appeals the postconviction court’s order denying his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of ground two without comment. We write only to explain why we affirm on ground one even though the postconviction court improperly denied Mr. Jones’ motion as successive.
In 1990, Mr. Jones pleaded no contest to robbery with an aggravated battery and aggravated battery on a victim sixty-five years or older. See § 784.08(2)(a), Fla. Stat. (1989). In a motion filed on December 20, 2012, Mr. Jones claimed that his sentence was illegal because the information failed to charge that he had actual knowledge that the victim was sixty-five years of age or older and failed to reference the specific statute under which he was charged. The postconviction court denied the motion, finding that it was successive because Mr. Jones had previously raised the issue in a January 2012 rule 3.800(a) motion.
However, in his January 2012 motion, Mr. Jones had alleged that his sentence was illegal because the State failed to prove that he had actual knowledge that the victim was sixty-five years of age or older. While these claims are closely related, they are not identical, and the denial on the merits of the January 2012 motion does not render the allegation in the December 20, 2012, motion successive. See Fuston v. State, 764 So.2d 779, 779-80 (Fla. 2d DCA 2000) (addressing defendant’s rule 3.800(a) motion on the merits where the claim was related but “technically [was] not the ‘specific issue’ ” raised in a prior motion).
Nevertheless, we affirm the denial of Mr. Jones’ motion because it is merit-
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.