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PER CURIAM. The defendant’s motion under Florida Rule of Criminal Procedure 3.800 was denied by the trial court. Because the motion challenges the defendant’s conviction rather than his sentence, we treat his motion as a motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Rivas v. State, 43 So.3d 154, 156 (Fla. 3d DCA 2010); Hilbert v. State, 661 So.2d 895, 895-96 (Fla. 3d DCA 1995). The motion was untimely on its face and thus properly denied.
Affirmed.
Document Info
Docket Number: No. 3D11-2861
Citation Numbers: 77 So. 3d 817
Judges: Salter, Shepherd, Suarez
Filed Date: 1/4/2012
Precedential Status: Precedential
Modified Date: 8/26/2021