LEROY G. MARSHALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2010-05-19
No. 4D09-3209
WARNER, TAYLOR and MAY, JJ., concur.
35 So. 3d 121 Florida District Court of Appeal, Fourth District (2010) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. A rule 3.800(a) motion cannot be used to challenge the factual basis for a plea. See Sanchez v. State, 979 So.2d 1004 (Fla. 3d DCA 2008).

WARNER, TAYLOR and MAY, JJ., concur.


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  • Gurth v. State, 50 So. 3d 785 (Fla. 4th DCA 2010)
    …IAM. Appellant challenges the sufficiency of the factual basis used to support her plea in this appeal of the denial of her Rule 3.800(a) motion. “A rule 3.800(a) motion cannot be used to challenge the factual basis for a plea.” Marshall v. State, 35 So. 3d 121 (Fla. 4th DCA 2010) (citing Sanchez v. State, 979 So. 2d 1004 (Fla. 3d DCA 2008)). Appellant’s challenge was to her conviction, not to her sentence, and was not cognizable in a rule 3.800(a) motion. See Cook v. State, 885 So. 2d 911 (Fla. 5th DCA 20…

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