07-3706 OLIVER YOUNG v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-3706

Case Date: 01/24/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA OLIVER YOUNG, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed January 24, 2008. An appeal from the Circuit Court for Hamilton County. John W. Peach, Judge. Oliver Young, pro se, Appellant. Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D 07-3706

PER CURIAM. AFFIRMED. See Wiley v. State, 604 So. 2d 6 (Fla. 1st DCA 1992) (when the motion attacks the conviction it must be brought under rule 3.850); Burchfield v. State, 907 So. 2d 614 (Fla. 1st DCA 2005)(declining to construe a rule 3.800(a) motion as a rule 3.850 motion because the motion failed to comply with the pleading requirements found in rule 3.850). BENTON and POLSTON, JJ., CONCUR; WEBSTER CONCURS IN RESULT ONLY.

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