Ortiz v. State

Full title: JENISE M. ORTIZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Oct 27, 2020

303 So. 3d 1291 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D20-1270

10-27-2020

Jenise M. ORTIZ, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Teresa D. Sutton, Assistant Public Defender, Daytona Beach, for Appellant. No Appearance for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Teresa D. Sutton, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.

PER CURIAM. AFFIRMED. See Pedroza v. State , 291 So. 3d 541, 546–48 (Fla. 2020). See also Pleas v. State, 41 So. 3d 980, 981 (Fla. 1st DCA 2010) (" Florida Rule of Criminal Procedure 3.800(a) cannot be used as a vehicle for challenging the constitutionality of a sentencing statute."); Thomas v. State, 778 So. 2d 429, 430 (Fla. 5th DCA 2001) (holding that whether a sentencing statute is constitutional cannot be raised for the first time in a Rule 3.800(a) motion).

EVANDER, C.J., LAMBERT and EDWARDS, JJ., concur.