Gandy v. State
Gandy v. State
Opinion of the Court
Bobby R. Gandy, a/k/a Bobby Degrate, challenges the order of the trial court summarily denying her “motion to define and clarify.” We treat it as a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without prejudice to any right Gan-dy may have to file a motion to withdraw her plea as involuntarily entered.
Gandy is correct in her claim that, pursuant to her plea form, she was to be sentenced to thirteen months for one count of grand theft and one count of uttering a forged instrument to be served concurrently with any other sentence.
Gandy’s sentence is not illegal, so rule 3.800(a) is not the proper vehicle for her challenge. Therefore, we affirm without prejudice to any right Gandy may have to seek to withdraw her plea as involuntarily entered in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850.
Affirmed.
. According to the transcript of the sentencing hearing, Gandy’s attorney informed the court that the plea form indicated that she had agreed to concurrent terms.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.