Royal v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT TOBY L. ROYAL, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ___________________________) Case No. 2D05-1232 Opinion filed August 24, 2005. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge. PER CURIAM. Toby L. Royal challenges the trial court's order summarily dismissing as untimely his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although we conclude that Royal's motion was timely filed, we affirm the order of dismissal because the State's "shotgun" notice of intent to seek enhanced penalties pursuant to section 775.084, Florida Statutes (1995), provided Royal with adequate notice of the classification and penalty he would be subject to upon conviction. See Washington v. State, 895 So. 2d 1141 (Fla. 4th DCA 2005). Consequently, Royal is not entitled to the relief requested in his motion. Affirmed. KELLY, CANADY, and WALLACE, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.