Gilbert Judge v. State Florida

Appellant alleged in his motion that he did not receive the states written notice of enhancement and that he did not know in advance of sentencing that the state intended to seek an enhanced sentence pursuant to section 775.084, Florida Statutes (1989). The trial court summarily denied his motion, finding that appellant was aware of the possibility of enhancement by virtue of his plea agreement. The court further found that the issue of lack of notice of enhancement could not be raised in a motion to correct an illegal sentence. The trial court did not attach the plea agreement or the transcripts of the plea and sentencing hearings to its order.