¶1Affirmed, without prejudice to appellant filing in the trial court a facially sufficient Florida Rule of Criminal Procedure 3.800(a) motion that identifies specific non-hearsay, record evidence that supports his claim. Burgess v. State, 831 So.2d 137 (Fla.2002); Wachter v. State, 868 So.2d 629 (Fla. 2d DCA 2004). Appellant may raise the alleged violation of Hale v. State, 630 So.2d 521 (Fla.1993), in a rule 3.850 motion *986if he can establish a valid exception to the two-year time limitation. Fla. R.Crim. P. 3.850(b).
889 So. 2d 985
Clay v. State
District Court of Appeal of Florida
Decided December 22, 2004
District Court of Appeal of Florida · decided 2004-12-22
Relies on 630 So. 2d 521 - Hale v. State · 831 So. 2d 137 - Burgess v. State · Wachter v. State
Decided 2004-12-22