VILLALBA SANTOS v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Christian VILLALBA-SANTOS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D23-2226

Decided: December 15, 2023

Christian Villalba-Santos, Monticello, pro se. No Appearance for Appellee.

Christian Villalba-Santos appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. In that unsworn motion, Appellant makes a fact-based challenge to the lawfulness of his conviction. Such a claim is not cognizable in a rule 3.800(a) motion and should be raised in a rule 3.850 motion. See State v. Spella, 567 So. 2d 1051, 1052 (Fla. 5th DCA 1990).

We therefore agree with the trial court's denial of Appellant's motion. This affirmance is without prejudice to Appellant timely seeking the appropriate relief under Florida Rule of Criminal Procedure 3.850. See Lewis v. State, 926 So. 2d 437, 438 (Fla. 1st DCA 2006).

Affirmed.

Harris, J.

Makar, and Maciver, JJ., concur.

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