Home -> Law Blog Directory -> Criminal Law Blogs -> Florida Criminal Law Opinions

Criminal Law

: Florida Criminal Law Opinions

TRACI SCARLETH GURTH, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-65

By admin

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 TRACI SCARLETH GURTH, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-653 [ December 29, 2010 ] PER CURIAM. Appellant challenges the sufficiency of the factual basis used to support her plea in this appeal of the denial of her Rule 3.800(a) motion. ?A rule 3.800(a) motion cannot be used to challenge the factual basis for a plea.? Marshall v. State, 35 So. 3d 121 (Fla. 4th DCA 2010) (citing Sanchez v. State, 979 So. 2d 1004 (Fla. 3d DCA 2008)). Appellant?s challenge was to her conviction, not to her sentence, and was not cognizable in a rule 3.800(a) motion. See Cook v. State, 885 So. 2d 911 (Fla. 5th DCA 2004). Moreover, appellant?s motion cannot be considered under Rule 3...continue to full post

Full post as published by Florida Criminal Law Opinions on December 29, 2010 (boomark / email).