Opinion
Case No. 96-3024
Opinion filed March 5, 1997.
An appeal from the Circuit Court of Nassau County. Judge Bill Parsons.
Appellant Pro Se.
Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
The trial court's summary denial of Appellant's rule 3.800 motion is affirmed. The motion does not allege that the trial court imposed a sentence exceeding the statutory maximum, as contemplated in Davis v. State, 661 So.2d 1193 (Fla. 1991), but instead challenges the legality of Appellant's conviction under State v. Gray, 654 So.2d 552 (Fla. 1995). A claim such as this must be presented in a sworn motion for postconviction relief under rule 3.850. We express no opinion on the merits of the claim.
Affirmed.
WEBSTER, LAWRENCE and PADOVANO, JJ., CONCUR.