MARCUS TRAMAINE TERRY v. STATE OF FLORIDA (2014)

District Court of Appeal of Florida, Fourth District.

MARCUS TRAMAINE TERRY, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D12–4291

Decided: November 05, 2014

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.

We agree with appellant that a rule 3.800(b) motion is an appropriate means for asserting an unpreserved procedural error in the sentencing process relating to whether appellant was properly habitualized by the court. Jackson v. State, 983 So.2d 562, 572 (Fla.2008) (citing Brannon v. State, 850 So.2d 452, 454 (Fla.2003)). Defendants may raise such constitutional challenges to a sentence in a rule 3.800(b) motion. Miller v. State, 788 So.2d 330, 331 (Fla. 4th DCA 2001). However, we affirm on all other issues raised by appellant on the merits.

Affirmed.

Gerber, Levine and Klingensmith, JJ., concur.

* * *

Per Curiam.

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