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50 So. 3d 785

GURTH v. State

District Court of Appeal of Florida

Decided December 29, 2010

District Court of Appeal of Florida · decided 2010-12-29

Cited by 2 later decisions — most recently May 2016

2 state decisions

Relies on 979 So. 2d 1004 - Sanchez v. State · 885 So. 2d 911 - Cook v. State · Marshall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2010-12-29

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PER CURIAM.

¶1 Appellant challenges the sufficiency of the factual basis used to support her plea in this appeal of the denial of her Rule 3.800(a) motion. “A rule 3.800(a) motion cannot be used to challenge the factual basis for a plea.” Marshall v. State, 35 So.3d 121 (Fla. 4th DCA 2010) (citing Sanchez v. State, 979 So.2d 1004 (Fla. 3d DCA 2008)). Appellant’s challenge was to her conviction, not to her sentence, and was not cognizable in a rule 3.800(a) motion. See Cook v. State, 885 So.2d 911 (Fla. 5th DCA 2004). Moreover, appellant’s motion cannot be considered under Rule 3.850, because her time for filing a Rule 3.850 motion has expired. See Fla. R.Crim. P. 3.850(b).

¶2 Affirmed.

STEVENSON, TAYLOR and MAY, JJ., concur.
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