MARK A. VONADOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2005-12-16
No. 2D05-79
FULMER, C.J. and KELLY, J„ Concur.
915 So. 2d 1231 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 7 cases
Topics
Factual Basis For Sentence Florida Rule Of Criminal Procedure 3.800(A) Mandatory Minimum Sentence Motion To Correct Illegal Sentence

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Opinion of the Court
STRINGER, Judge.

STRINGER, Judge.

Mark A. Vonador appeals the dismissal of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Although we do not agree with the trial court’s reasoning for dismissal, we nevertheless affirm because Vonador’s claim is not cognizable under rule 3.800(a).

In 1992, Vonador was convicted of robbery with a firearm and sentenced to thirty years in prison, with three years’ minimum mandatory pursuant to section 775.087, Florida Statutes (1991). Vonador claims his three-year minimum mandatory sentence is illegal because it was not proven that he actually possessed the firearm during the commission of the crime. Vonador’s claim is an attack on the factual basis for his minimum mandatory sentence and must be raised under rule 3.850 rather than rule 3.800(a). See State v. Mancino, 705 So. 2d 1379 (Fla.1998). And, the two-year time period within which Vonador could file a rule 3.850 motion has long since past. Therefore, we affirm the trial court’s dismissal of Vonador’s motion.

Affirmed.

FULMER, C.J. and KELLY, J„ Concur.

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  • Horwoth v. State, 202 So. 3d 108 (Fla. 2d DCA 2016)
    …d 530 (Fla. 2d DCA 2013); Dominguez v. State, 98 So. 3d 198 (Fla. 2d DCA 2012); Doby v. State, 25 So. 3d 598 (Fla. 2d DCA 2009); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Waiter v. State, 965 So. 2d 861 (Fla. 2d DCA 2007); Vonador v. State, 915 So. 2d 1231 (Fla. 2d DCA 2005); Pitts v. State, 832 So. 2d 260 (Fla. 2d DCA 2002); Haynes v. State, 106 So. 3d 481 (Fla. 5th DCA 2013); Sanchez v. State, 979 So. 2d 1004 (Fla. 3d DCA 2008); Mills v. State, 840 So. 2d 464 (Fla. 4th DCA 2003); Paul v. State, 830…
  • Halstead v. State, 224 So. 3d 896 (Fla. 2d DCA 2017)
    …PER CURIAM. Affirmed. See State v. Mancino, 705 So. 2d 1379 (Fla. 1998); Long v. State, 529 So. 2d 286 (Fla. 1988); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Vonador v. State, 915 So. 2d 1231 (Fla. 2d DCA 2005); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Haynes v. State, 106 So. 3d 481 (Fla. 5th DCA 2013); Sanchez v. State, 979 So. 2d 1004 (Fla. 3d DCA 2008); Labadie v. State, 840 So. 2d 332 (Fla. 5th DCA 2003). NORTHCUTT, KHO…
  • Smith v. State, 261 So. 3d 526 (Fla. 2d DCA 2019)
    …ip J. Federico, Judge. Charles Kelly Smith, pro se. PER CURIAM. Affirmed. See State v. Mancino, 705 So. 2d 1379 (Fla. 1998); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Waiter v. State, 965 So. 2d 861 (Fla. 2d DCA 2007); Vonador v. State, 915 So. 2d 1231 (Fla. 2d DCA 2005); Pitts v. State, 832 So. 2d 260 (Fla. 2d DCA 2002); Simms v. State, 949 So. 2d 373 (Fla. 4th DCA 2007); Labadie v. State, 840 So. 2d 332 (Fla. 5th DCA 2003). CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.…

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