Third District Court of Appeal
State of Florida
Opinion filed March 11, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-195
Lower Tribunal No. 89-6716
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Donald A. Williams,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Mandamus.
Donald A. Williams, in proper person.
Pamela Jo Bondi, Attorney General, for respondent.
Before SUAREZ, FERNANDEZ, and SCALES, JJ.
PER CURIAM.
Donald A. Williams seeks a petition for mandamus ordering the trial court to
provide him with an evidentiary hearing on his motion to correct an illegal
sentence. Williams seeks to attack the factual basis for imposition of the three-
year mandatory minimum sentence for firearm possession, and does not allege that
his sentence exceeded the maximum authorized by law. Thus, Florida Rule of
Criminal Procedure 3.850, rather than rule 3.800, is the proper procedural vehicle
for Williams to challenge the mandatory minimum sentence. Williams was
convicted in 1989, and because the two-year limitations period to file a motion
pursuant to rule 3.850 has expired, we deny Williams’ petition for mandamus.
See Bradley v. State,
3 So. 3d 1168, 1170 (Fla. 2009); Leath v. State,
805 So. 2d
956, 957 (Fla. 2d DCA 2001).
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