Racene v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2008 JESSE RACENE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-35 [May 7, 2008] PER CURIAM. The defendant appeals the summary denial of his Rule 3.800(a) motion to correct illegal sentence. He attempted to challenge the admission of a Department of Corrections affidavit to establish his release date as a predicate for Prison Releasee Reoffender sentencing. However, this is not an issue that can be raised by a Rule 3.800(a) motion. Rather, this issue should have been raised at sentencing, on direct appeal, or possibly by a Rule 3.850 ineffective assistance of counsel claim. The time for those remedies having now passed in this case, the defendant s claim is procedurally barred. Affirmed. WARNER, POLEN and TAYLOR, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. Case No. 02-11406 CF 10 A. Jesse Racene, Century, Pro Se. No appearance for appellee. Not final until disposition of timely filed motion for rehearing

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