RODNEY PAUL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion to correct sentence under Rule 3.800(a) is not the proper vehicle for challenging the voluntariness of a plea or for requesting an evidentiary hearing.
Paul appealed the summary denial of his motion to correct his sentence, which also sought an evidentiary hearing and challenged the voluntariness of h…
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Paul appeals from the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct his sentence. In his motion he also requested an evidentiary hearing and he asked the court to find his plea was involuntarily entered. We affirm, but without prejudice to file a motion pursuant to Florida Rule of Criminal Procedure 3.850, if timely and if there are sufficient grounds.
The record shows Paul pled guilty to delivery of cocaine and possession of cocaine, and that he was sentenced to concurrent terms of four and one-half years. He was also adjudicated a habitual offender for the delivery of cocaine conviction.
Evidentiary hearings are not authorized under rule 3.800(a) and if the record does not disclose a sentencing error on its face,1 the court cannot deal with it. In this case, the record does not disclose Paul was improperly habitualized. Rather it shows he was habitualized because of the delivery of cocaine conviction and the scoresheet states he had two prior convictions for sale of cocaine, as well as a conviction for sale of a counterfeit substance.
This appears adequate to support an habitual offender sentence under section 775.084(l)(a)3, Florida Statutes (2002), which only requires that the felony for which the defendant is sentenced as an habitual offender and one of the two required prior felony convictions not be a violation of section 893.13 (purchase or possession of a controlled substance).
In addition, involuntary plea claims are not properly raised in a motion pursuant to rule 3.800(a), since they constitute attacks on the judgments, not the sentences. They should be raised in a motion filed pursuant to rule 3.850.
AFFIRMED.
PALMER and ORFINGER, R.B., JJ„ concur. . See Bover v. State, 797 So. 2d 1246 (Fla.2001).
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Childs v. State, 941 So. 2d 388 (Fla. 2d DCA 2005)…912 So. 2d 693 (Fla. 2d DCA 2005); Adams v. State, 774 So. 2d 941 (Fla. 2d DCA 2001); Adlington v. State, 840 So. 2d 354 (Fla. 4th DCA), review denied, 859 So. 2d 513 (Fla.2003); State v. Waldron, 835 So. 2d 1217 (Fla. 5th DCA 2003); Paul v. State, 830 So. 2d 953 (Fla. 5th DCA 2002). NORTHCUTT, SALCINES, and STRINGER, JJ., Concur.…
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Jones v. State, 273 So. 3d 175 (Fla. 2d DCA 2019)…A 2009); Waiter v. State, 965 So. 2d 861 (Fla. 2d DCA 2007); Jones v. State, 901 So. 2d 126 (Fla. 2d DCA 2005) (table decision); Anderson v. State, 779 So. 2d 345 (Fla. 2d DCA 2000); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000); Paul v. State, 830 So. 2d 953 (Fla. 5th DCA 2002). MORRIS, BLACK, and ROTHSTEIN-YOUAKIM,JJ., Concur.…
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Gallinat v. State, 909 So. 2d 426 (Fla. 5th DCA 2005)…ankerson v. State, 864 So. 2d 574 (Fla. 5th DCA 2004) that holding an evidentiary hearing is proper to resolve matters raised in motions filed pursuant to Rule 3.800(a). We reaffirm this court’s position on this issue, as expressed in Paul v. State, 830 So. 2d 953 (Fla. 5th DCA 2002). REVERSED and REMANDED. PLEUS, C.J., PETERSON, GRIFFIN, THOMPSON, PALMER, ORFINGER, MONACO and TORPY, JJ., concur. SAWAYA, J., concurs specially with opinion.…
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- Bover v. State, 797 So. 2d 1246 (Fla. 2001)