Florida District Courts of Appeal, 2015

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided March 11, 2015 · Fernandez, Scales, Süarez
163 So. 3d 541; 2015 Fla. App. LEXIS 3437; 2015 WL 1048304 (Southern Reporter, Third Series)

Williams v. State

Opinion of the Court

PER CURIAM.

Donald A. Williams seeks a petition for mandamus ordering the trial court to provide him with an evidentiary hearing on his motion to correct an illegal sentence. Williams seeks to attack the factual basis for imposition of the three-year mandatory minimum sentence for firearm possession, and does not allege that his sentence exceeded the maximum authorized by law. Thus, Florida Rule of Criminal Procedure 3.850, rather than rule 3.800, is the proper procedural vehicle for Williams to challenge the mandatory minimum sentence. Williams was convicted in 1989, and because the two-year limitations period to file a motion pursuant to rule 3.850 has expired, we deny Williams’ petition for mandamus. See Bradley v. State, 3 So.3d 1168, 1170 (Fla. 2009); Leath v. State, 805 So.2d 956, 957 (Fla. 2d DCA 2001).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.