TRACI SCARLETH GURTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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 2004). Moreover, appellant’s motion cannot be considered under Rule 3.850, because her time for filing a Rule 3.850 motion has expired. See Fla. R.Crim. P. 3.850(b).
Affirmed.
STEVENSON, TAYLOR and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rodrick Carter v. State, 82 So. 3d 1069 (Fla. 4th DCA 2011)…. Carter’s response suggests that because the grounds in his most recent filing have not been previously [*1071] raised, he cannot be barred from filing further pro se papers in this court. We disagree, relying upon our holding in Wimberly v. State, 50 So. 3d 785 (Fla. 4th DCA 2010). In Wimberly, the court held: “ ‘[a] claim need not be repetitive to be frivolous or to be an abuse of the post-conviction process. Under section 944.279, a court may sanction any frivolous post-conviction filing and/or appeal re…
-
Wynn v. State, 192 So. 3d 527 (Fla. 1st DCA 2016)…in the appellant’s seventh postconviction appeal where the appellant had twice raised the same untimely and meritless claim despite being advised of the barred and meritless nature of his claim in a previous postconviction order); Wimberly v. State, 50 So. 3d 785, 788 (Fla. 4th DCA 2010) (imposing sanctions in connection with the appellant’s fourth merit-less postconviction motion where the most recent motion' raised successive and untimely claims without establishing any exception to the procedural bars). T…
-
Santy Castillo v. State (Fla. 3d DCA 2024)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sanchez v. State, 979 So. 2d 1004 (Fla. 3d DCA 2008)
- Cook v. State, 885 So. 2d 911 (Fla. 5th DCA 2004)
- Gleston N. Edwards v. State, 35 So. 3d 121 (Fla. 4th DCA 2010)
- Marshall v. State, 35 So. 3d 121 (Fla. 4th DCA 2010)