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Zachary A. Williams, Appellant, v. State of Florida, Appellee. (2024)

District Court of Appeal of Florida, First District.2024-04-24No. No. 1D2023-1797

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Opinion

Appellants motion was untimely under Florida Rule of Criminal Procedure 3.850. Moreover, a failure by the State to serve written notice of intent to habitualize does not result in an illegal sentence, and a claim based on such a failure is not cognizable under rule 3.800(a). See Gary v. State, 276 So. 3d 401, 402 (Fla. 1st DCA 2019) (“[A] challenge to the procedure that led to the imposition of the punishment is not cognizable in a rule 3.800(a) proceeding.”). AFFIRMED.

Per Curiam.

B.L. Thomas, Ray, and Kelsey, JJ., concur.