Johnson v. State, 830 So. 2d 194

PER CURIAM.

Affirmed without prejudice to file a properly pled motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Phillips v. State, 816 So.2d 1154 (Fla. 4th DCA 2002)(holding that this type of claim would require an evidentiary hearing, and is not properly raised in a rule 3.800(a) proceeding). We certify conflict with Toney v. State, 817 So.2d 924 (Fla. 2d DCA 2002).

POLEN, C.J, SHAHOOD and MAY, JJ., concur.

Case Details

Case Name: Johnson v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 30, 2002

Citations: 830 So. 2d 194; 2002 Fla. App. LEXIS 15722; 2002 WL 31422896; No. 4D02-2268

Docket Number: No. 4D02-2268

Court Abbreviation: Fla. Dist. Ct. App.