Opinion
No. 4D00-2407
Opinion filed August 16, 2000 JULY TERM 2000
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. Case No. 96-24624CF.
Mary Vishino, Fort Lauderdale, pro se.
No appearance required for appellee.
Mary Vishino appeals the denial of her motion to correct illegal sentence, in which she argued that she was entitled to post-conviction relief from her conviction for trafficking in hydrocodone under Hayes v. State, 750 So.2d 1 (Fla. 1999). We affirm without prejudice to file a timely, properly sworn post-conviction motion pursuant to Florida Rule of Criminal Procedure 3.850(b)(2). See Klayman v. State, No. 4D00-1312 ___ So.2d ___, 2000 WL 1022277 (Fla. 4th DCA July 26, 2000).
In that new motion, appellant may also present her argument for relief under Heggs v. State, 759 So.2d 620 (Fla. 2000), revised opinion, 25 Fla. L. Weekly S359 (Fla. May 4, 2000). We decline to address that claim since it was raised for the first time in this appeal.
GUNTHER, STONE and GROSS, JJ., concur.