¶1Affirmed without prejudice to file a properly pled motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Phillips v. State, 816 So.2d 1154 (Fla. 4th DCA 2002)(holding that this type of claim would require an evidentiary hearing, and is not properly raised in a rule 3.800(a) proceeding). We certify conflict with Toney v. State, 817 So.2d 924 (Fla. 2d DCA 2002).
830 So. 2d 194
Johnson v. State
District Court of Appeal of Florida
Decided October 30, 2002
District Court of Appeal of Florida · decided 2002-10-30
Cited by 9 later decisions — most recently June 2017
9 state decisions
Relies on 817 So. 2d 924 - Toney v. State · Oyetunji v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2002-10-30
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