HARVEY RANDOLPH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HOBSON, Judge.
Appellant appeals his sentence imposed under Florida Statute 775.084. The record before this court shows that the appellant was convicted of a felony within five years prior to the committing of the felony for which he was convicted and sentenced in this case.
Appellant contends that the prior felony conviction was reversed by this court1 and, therefore, he received an illegal sentence under Florida Statute 775.084. The record before us is completely devoid of any disposition of the prior felony on appeal. Therefore, appellant is attempting to collaterally attack the sentence which from this record is valid.
The appropriate method to collaterally attack a sentence which appears from the record to be valid is by motion under Fla. R. Crim. P. 3.850.
Affirmed without prejudice to file a motion under Fla. R. Crim. P. 3.850.
GRIMES, C. J., and RYDER, J., concur. . Randolph v. State, 336 So. 2d 673 (Fla. 2d DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vaughn Monroe v. State, 476 So. 2d 279 (Fla. 2d DCA 1985)…or conviction used to enhance appellant’s sentence was set aside. The sentence was proper when imposed. We believe appellant should raise this issue in the trial court by a motion under Florida Rule of Criminal Procedure 3.850. See Randolf v. State, 360 So. 2d 1302 (Fla. 2d DCA 1978). Appellant’s judgments and sentences are AFFIRMED. CAMPBELL and FRANK, JJ., concur.…
Authorities Cited
- Randolph v. State, 336 So. 2d 673 (Fla. 2d DCA 1976)