Third District Court of Appeal
State of Florida
Opinion filed February 13, 2019.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-2635
Lower Tribunal No. 06-21M
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Eniel Planas,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Monroe County, Ruth L. Becker, Judge.
Eniel Planas, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, C.J., and SCALES and HENDON, JJ.
PER CURIAM.
We affirm the trial court’s order, which denied Planas’ Motion to Correct an
Unlawful Sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The
motion, while purportedly seeking to correct an illegal sentence, was instead an
attack on both the conviction and the sentence. A motion under rule 3.800(a) is
not available where, as here, the defendant seeks to challenge the validity of the
conviction (and, by extension, the “legality” of the sentence). Lopez v. State,
2 So.
3d 1057, 1059 (Fla. 3d DCA 2009); Coughlin v. State,
932 So. 2d 1224, 1225 (Fla.
2d DCA 2006) (holding that “a traditional double jeopardy challenge attacks both
the conviction and, by default, the sentence, while rule 3.800(a) is limited to claims
that the sentence itself is illegal, without regard to the underlying conviction”).
Planas could have and should have raised the instant claim on direct appeal from
his conviction and sentence or, if appropriate, by a timely motion filed pursuant to
Florida Rule of Criminal Procedure 3.850.
Affirmed.
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