Deatherage v. State

Randall Deatherage appeals the order dismissing without prejudice in part, and denying in part, his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, the postconviction court’s denial of Deather-age’s second claim. As to his first claim, we reverse the postconviction court’s dismissal without prejudice because the claim should have been denied.

Deatherage was sentenced to two years in state prison on two counts (in separate cases) of driving while his license was suspended or revoked, a third-degree felony. In his first claim, Deatherage alleged…