Florida District Courts of Appeal, 2007

Clark v. State

Clark v. State
Florida District Courts of Appeal · Decided November 16, 2007 · Evander, Monaco, Sawaya
969 So. 2d 1146; 2007 Fla. App. LEXIS 18172; 2007 WL 3390940 (Southern Reporter, Second Series)

Clark v. State

Opinion of the Court

PER CURIAM.

Clark filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) in sixteen different cases. He alleged that his sentencing hearing was procedurally defective and that his plea was involuntary. Neither of these claims is cognizable in a Rule 3.800(a) motion. See Hope v. State, 766 So.2d 343 (Fla. 5th DCA 2000); Abdullah v. State, 679 So.2d 846 (Fla. 5th DCA 1996). Furthermore, as the trial court observed, the claims would be untimely if raised pursuant to Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

SAWAYA, MONACO and EVANDER, JJ., concur.

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