5D07-2557 Earle Clark v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-2557

Case Date: 11/12/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

EARLE P. CLARK, Appellant, v. STATE OF FLORID A, Appellee. _______________________________/ Opinion filed November 16, 2007 3.800 Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. Earle P. Clark, Monticello, pro se.
Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

Case No. 5D07-2557

PER CURIAM. Clark filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) in sixteen different cases. He alleged that his sentencing hearing was procedurally defective and that his plea was involuntary. Neither of these claims is cognizable in a Rule 3.800(a) motion. See Hope v. State, 766 So. 2d 343 (Fla. 5th DCA 2000); Abdullah v. State, 679 So. 2d 846 (Fla. 5th DCA 1996). Furthermore, as the trial court observed, the claims would be untimely if raised pursuant to Florida Rule of Criminal Procedure 3.850. AFFIRMED. SAWAYA, MONACO and EVANDER, JJ., concur.

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