Williams v. State, 734 So. 2d 1113 (Fla. 2d DCA 1999). · Go Syfert
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Williams v. State, 734 So. 2d 1113 (Fla. 2d DCA 1999). Cases Citing This Book View Copy Cite
10 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Wright v. State (fladistctapp, 2003-12-31)
Top citers, strongest first. 2 distinct citers.
cited Cited "see" Wright v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Williams v. State, 734 So.2d 1113 (Fla. 2d DCA 1999).
cited Cited "see" Demo v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Williams v. State, 734 So.2d 1113 (Fla. 2d DCA 1999); Pula v. State, 652 So.2d 981 (Fla. 5th DCA 1995).
Norris Gecorvis WILLIAMS, Appellant,
v.
STATE of Florida, Appellee.
98-04939.
District Court of Appeal of Florida, Second District.
May 7, 1999.
734 So. 2d 1113
Per Curiam.
Cited by 9 opinions  |  Published

[*1114] PER CURIAM.

Norris Williams appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm because we find that neither of Williams' claims would render his sentence illegal for the purposes of rule 3.800 as defined by Davis v. State, 661 So.2d 1193 (Fla.1995). Williams' first allegation, that the trial court erred in failing to provide adequate reasons for imposing a departure sentence, is not cognizable in a rule 3.800 motion. See id. Williams' second allegation —that the trial court may have erroneously believed that the imposition of a habitual offender sentence was mandatory, thus entitling him to resentencing pursuant to Burdick v. State, 594 So.2d 267 (Fla.1992)-likewise is not subject to review under rule 3.800 as an illegal sentence as defined in Davis. See, e.g., Lee v. State, 679 So.2d 1158 (Fla.1996) (holding that the court's erroneous failure to consider whether defendant qualified for discretionary youthful offender sentencing did not render sentence illegal for the purposes of rule 3.800).

Affirmed.

BLUE, A.C.J., and FULMER and SALCINES, JJ., Concur.