Opinion
Case No. 4D02-2268
Opinion filed October 30, 2002
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert A. Rosenberg, Judge; L.T. Case No. 98-16172 CF10A.
Eddie Johnson, Century, pro se.
No appearance required for appellee.
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.