From Casetext: Smarter Legal Research

Shepherd v. State

District Court of Appeal of Florida, Second District
Dec 10, 2004
890 So. 2d 333 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-3658.

December 10, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.


Keith Allen Shepherd challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion, finding that it was untimely filed. We affirm without comment the denial of grounds one, two, and three on that basis. However, Shepherd also raised a claim that his sentences are illegal. Although we do not reach the merits of that claim, we note that it could have been raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and therefore would not be barred by the two-year time limitation. As this court did in Gill v. State, 829 So.2d 299, 300 (Fla. 2d DCA 2002), we reverse the trial court's order with instructions to treat the illegal sentence claim as one filed pursuant to Florida Rule of Criminal Procedure 3.800(a).

Affirmed in part, reversed in part, and remanded.

SALCINES and VILLANTI, JJ., concur.


Summaries of

Shepherd v. State

District Court of Appeal of Florida, Second District
Dec 10, 2004
890 So. 2d 333 (Fla. Dist. Ct. App. 2004)
Case details for

Shepherd v. State

Case Details

Full title:Keith Allen SHEPHERD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 10, 2004

Citations

890 So. 2d 333 (Fla. Dist. Ct. App. 2004)

Citing Cases

Shepherd v. State

In this set of sentences, the life sentence for murder was imposed as a habitual offender sentence. In two…

Shepherd v. State

This court affirmed the summary denial of Shepherd's original rule 3.850 motion but reversed for the newly…