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McClendon v. State

District Court of Appeal of Florida, Fourth District
Jul 21, 2005
905 So. 2d 916 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D05-879.

April 27, 2005. Rehearing Denied July 21, 2005.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alfred J. Horowitz, Judge; L.T. Case No. 95-4482 CF10A.

Terrance D. McClendon, Milton, pro se.

No appearance required for appellee.


We affirm the dismissal of McClendon's motion to correct illegal sentence alleging that the State's "shotgun" notice of intent to seek enhanced penalties pursuant to § 775.084, Fla. Stat. did not provide him adequate notice of the classification and penalty he would be subject to upon conviction. This court has since determined in Washington v. State, 895 So.2d 1141 (Fla. 4th DCA 2005), that such "shotgun" notices are adequate to notify a defendant that his entire criminal record is at issue, and we hold that McClendon is therefore not entitled to the relief requested in his motion.

FARMER, C.J., GUNTHER and TAYLOR, JJ., concur.


Summaries of

McClendon v. State

District Court of Appeal of Florida, Fourth District
Jul 21, 2005
905 So. 2d 916 (Fla. Dist. Ct. App. 2005)
Case details for

McClendon v. State

Case Details

Full title:Terrance D. McCLENDON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 21, 2005

Citations

905 So. 2d 916 (Fla. Dist. Ct. App. 2005)