GARY CAPLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HARRIS, J.
Capíes was charged, along with other felonies, with the offense of felony Driving While License Suspended. Faced with a threat of a habitual violent felony offender classification and a possible 30-year sentence, Capíes elected to enter a negotiated plea under which he received five year sentences on all charges except a robbery charge which netted him eight years. Ca- pies did not appeal. However, after Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000), which held that convictions for DWLSR occurring before the statutory revision of section 322.34, Fla. Stat., could not be treated as prior convictions for the purpose of reclassifying misdemeanor DWLSR to a felony, Capíes, because his prior convictions occurred before that date, filed a Heggs-like motion for resentencing. His means of relief, if indeed he is entitled to relief, is by withdrawing his plea and not by receiving the benefit of a negotiated plea sweetened by an additional reduction of sentence based on Huss. We affirm the court’s denial of Capíes’ motion to correct illegal sentence but without prejudice to request a withdrawal of his plea.
AFFIRMED.
THOMPSON, C.J., and SHARP, W., J., concur.
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Chutney Oxendine v. State, 852 So. 2d 286 (Fla. 5th DCA 2003)…s. Because appellant entered nolo contendere pleas to two felony DWLS charges, this issue was waived. Appellant’s remedy would have been a timely 3.850 motion alleging involuntary plea based on ineffective assistance of counsel. See Caples v. State, 790 So. 2d 1143 (Fla. 5th DCA 2001). AFFIRMED. SHARP, W., and PETERSON, JJ., concur. . Appellant mistakenly characterizes his motion to correct illegal sentence as being filed pursuant to "Rule 3.850(a)." The instant motion could not be treated as a 3.850 mo…
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Martin v. State, 809 So. 2d 65 (Fla. 5th DCA 2002)…e Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000). That opinion by the first district cited in the 3.850 motion was issued on November 9, 2000, after Martin was sentenced.2 [*66] We do not need to reach that issue in this case. In Caples v. State, 790 So. 2d 1143 (Fla. 5th DCA 2001), this court reviewed an order denying a 3.800(a) motion to correct sentence, which was based on the holding in Huss. We noted in Capíes that the defendant entered into a negotiated plea and held that he was not entitled to correc…
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Bowen v. State, 833 So. 2d 288 (Fla. 5th DCA 2002)…couched as an illegal sentence, Bowen’s complaint is that his plea of guilty should be set aside because he did not qualify for the charge. This claim is not cognizable on direct appeal. Griffin v. State, 820 So. 2d 906 (Fla.2002), Caples v. State, 790 So. 2d 1143 (Fla. 5th DCA 2001). Second, contrary to Bowen’s assumption, proof that he had accumulated three of the enumerated convictions within a five-year period preceding his conviction is not required to establish a violation of section 322.34(5), Florida…
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- Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000)