Luma v. State

Full title: Herby LUMA, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 8, 2005

903 So. 2d 302 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-450.

June 8, 2005.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge.

Herby Luma, in proper person.

Charles J. Crist, Jr., Attorney General, and Ishir Mehta, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER and RAMIREZ, JJ.

PER CURIAM.

Affirmed. See Forcelledo v. State, 898 So.2d 1058 (Fla. 3d DCA 2005) ("The State is allowed to give notice under as many classifications as it chooses, where the State is prepared to show the defendant meets the statutory criteria."); Cooper v. State, 817 So.2d 934 (Fla. 3d DCA 2002) (notice deficiency does not render a sentence "illegal" for the purposes of a rule 3.800 petition; claim should have been raised via 3.850 and is now time barred).