ADAMS V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2005 JOSEPH ADAMS, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D05-1094 ** ** LOWER TRIBUNAL NO. 99-14280 ** Opinion filed July 20, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Robert M. Deehl, Judge. Joseph Adams, in proper person. Charles J. Crist, Jr., Attorney General, and Ishir Mehta, Assistant Attorney General, for appellee. Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. ROTHENBERG, Judge. The defendant, Joseph Adams, appeals an order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The defendant argues that the Notice of Intent to Seek an Enhanced Penalty was a shotgun notice, and therefore, insufficient. the notice, however, does not The alleged deficiency in render the sentence illegal under Rule 3.800(a), and may only be raised in a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Zafora v. State, 900 So. 2d 675 (Fla. 3d DCA 2005); Reese v. State, 899 So. 2d 428 (Fla. 3d DCA 2005); Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002). As the defendant s conviction became final more than two years ago, he would, however, be procedurally barred from raising this claim pursuant to Florida Rule of Criminal Procedure 3.850. Affirmed. 2

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