Summary
In Wickline, the First District Court of Appeal held that a motion pursuant to rule 3.800(a) was not a proper method to challenge the factual basis underlying the three-year minimum mandatory imposed as the result of the defendant's plea.
Summary of this case from State v. MancinoOpinion
Case No. 96-3146
Opinion filed January 31, 1997.
An appeal from the Circuit Court for Leon County. Judge J. Lewis Hall, Jr.
Appellant, pro se.
Robert A. Butterworth, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee for Appellee.
Eugene Wickline challenges an order denying his motion, pursuant to Florida Rule of Criminal Procedure 3.800(a), to correct an illegal sentence. We affirm but certify conflict to the Florida Supreme Court.
This court has previously held that the issue raised by appellant in his motion, i.e., whether the trial court established a factual basis for this plea (specifically, whether he was in actual possession of the firearm during the commission of the crime), and as a result, erroneously imposed a three-year minimum mandatory sentence, is not cognizable in proceedings brought pursuant to rule 3.800(a). Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA 1994). We acknowledge that the Second District Court of Appeal has held to the contrary in Butchek v. State, 21 Fla. L. Weekly D2157 (Fla. 2d DCA Oct. 11, 1996). Pursuant to Article V, section 3(b)(3), of the Florida Constitution, we certify conflict with this decision.
Appellant's second point is without merit.
AFFIRMED.
MINER, ALLEN and MICKLE, JJ., CONCUR.