CHRISTIAN VILLALBA-SANTOS
v.
STATE OF FLORIDA
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A fact-based challenge to the lawfulness of a conviction is not cognizable in a Rule 3.800(a) motion and must be raised in a Rule 3.850 motion.
[1] Fact-based challenges to the lawfulness of a conviction are not cognizable under Florida Rule of Criminal Procedure 3.800(a) and must be raised in a Rule 3.850 motion.
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Join FLexlaw to unlock all legal intelligenceChristian Villalba-Santos filed an unsworn Rule 3.800(a) Motion to Correct Illegal Sentence in which he made a fact-based challenge to the lawfulness …
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HARRIS, J.
Christian Villalba-Santos appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. In that unsworn motion, Appellant makes a fact-based challenge to the lawfulness of his conviction. Such a claim is not cognizable in a rule 3.800(a) motion and should be raised in a rule 3.850 motion. See State v. Spella, 567 So. 2d 1051, 1052 (Fla. 5th DCA 1990).
We therefore agree with the trial court’s denial of Appellant’s motion. This affirmance is without prejudice to Appellant timely seeking the appropriate relief under Florida Rule of Criminal Procedure 3.850. See Lewis v. State, 926 So. 2d 437, 438 (Fla. 1st DCA 2006).
AFFIRMED.
MAKAR, and MACIVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spella, 567 So. 2d 1051 (Fla. 5th DCA 1990)
- Lewis v. State, 926 So. 2d 437 (Fla. 1st DCA 2006)