Mapp v. StateAnnotate this Case
Defendant pleaded guilty to burglary of a conveyance, grand theft of a quantity of mechanic's tools, and dealing in stolen property. Neither defendant or his counsel received notice that the State intended that he be sentenced as a habitual felony offender ("HFO") until, at the sentencing hearing, the State orally suggested that he qualified as an HFO. Defendant was then sentenced to concurrent terms of imprisonment and ordered to pay restitution to the victims. At issue was whether defendant's motion pursuant to Florida Rule of Criminal Procedure 3.800(b), claiming as sentencing errors the habitualization of the sentences without notice and insufficient evidence to support the amount of restitution ordered, properly preserved such errors. The court held that when, as in this instance, there was a clear sentencing error that affected the ultimate sanction imposed, it was cognizable under Rule 3.800(b). Accordingly, the court quashed that portion of the Second District's decision that reversed the trial court's order removing the HFO designation from defendant's sentence. The court held that the error complained of regarding the restitution order was not a sentencing error, but was one based on the sufficiency of the evidence that required a factual determination. Accordingly, it was not recognizable under Rule 3.800(b).