Can Sentencing Error Based on Habitual Violent Felony Sentence Not Objected to by Defendant Be Raised on Appeal and Corrected ?
In Speights v. State, 711 So. 2d 167 (Fla. 1st DCA 1998), the First District certified the following question to be one of great public importance:
When a habitual violent felony offender sentence is imposed without record evidence of a prior conviction of an enumerated predicate felony, but without any objection by the defendant to the imposition of such a sentence, and the resulting sentence is above the statutory maximum without habitualization but below the statutory maximum period of incarceration after habitualization, is the sentencing error one that may be raised on appeal for the first time, and corrected despite the lack of any motion in the trial court to correct the sentence pursuant to Fla.R.Crim.P. 3.800(b) Speights, 711 So. 2d at 169.