ORTIZ v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Jenise M. ORTIZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-1270

Decided: October 27, 2020

James S. Purdy, Public Defender, and Teresa D. Sutton, Assistant Public Defender, Daytona Beach, for Appellant. No Appearance for Appellee.

AFFIRMED. See Pedroza v. State, 291 So. 3d 541, 546–48 (Fla. 2020). See also Pleas v. State, 41 So. 3d 980, 981 (Fla. 1st DCA 2010) (“Florida Rule of Criminal Procedure 3.800(a) cannot be used as a vehicle for challenging the constitutionality of a sentencing statute.”); Thomas v. State, 778 So. 2d 429, 430 (Fla. 5th DCA 2001) (holding that whether a sentencing statute is constitutional cannot be raised for the first time in a Rule 3.800(a) motion).

PER CURIAM.

EVANDER, C.J., LAMBERT and EDWARDS, JJ., concur.

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