BENNETT v. STATE (2020)

District Court of Appeal of Florida, Second District.

Carl BENNETT, Appellant, v. STATE of Florida, Appellee.

Case No. 2D19-79

Decided: March 25, 2020

Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Carl Bennett, pro se. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Affirmed without prejudice to Bennett's right to file a facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Williams v. State, 51 So. 3d 598, 599 (Fla. 2d DCA 2011) (explaining that because there is no procedure for a motion to enforce a plea agreement, such a claim must be filed pursuant to rule 3.850).

PER CURIAM.

NORTHCUTT and MORRIS, JJ., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.

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