Byars v. State

STRINGER, Judge.

Daniel Byars challenges the order of the trial court denying his post-conviction motion. Although Byars filed his motion pursuant to Florida Rule of Criminal Procedure 3.850, the sole claim in his motion is that his sentence is illegal because he was sentenced under an unconstitutional version of the 1995 sentencing guidelines. Such a claim is properly raised pursuant to Florida Rule of Criminal Procedure 3.800(a). See Baxter v. State, 769 So.2d 1097 (Fla. 2d DCA 2000). This court has the authority to treat Byars’ motion as if it were filed pursuant to the appropriate rule.…