Bozarth v. State

Robert R. Bozarth challenges the order of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Bo-zarth claimed that he did not have the requisite predicate conviction to be sentenced as a habitual violent felony offender. Such a claim is cognizable in a 3.800(a) motion. See Baxter v. State, 769 So.2d 1097 (Fla. 2d DCA 2000). However, because Bozarth’s sworn motion requires consideration of extra-record material, we treat it as filed pursuant to Florida Rule of Criminal Procedure 3.850. See Fenter v. State, 632 So.2d 685, 686, n. 1…