Souza v. State

KLEIN, Judge.

Appellant sought relief under Florida Rule of Criminal Procedure 3.800(a), by moving to correct an illegal sentence based on a guilty plea, alleging that the requirements of Ashley v. State, 614 So.2d 486 (Fla.1993), were not met. We conclude that this type of challenge to a sentence cannot be made under rule 3.800(a) and therefore affirm the trial court’s denial of the motion. ,

In Ashley, the Florida Supreme Court held in a plenary appeal that the state is required to serve written notice of its intent to seek habitualization prior to entry of a guilty or nolo contendere plea,…