Byrd v. State

Byrd is in custody under a September 30, 1999, sentence of 50 months in state prison upon his conviction for driving under the influence. He did not appeal the conviction but instead filed a motion under rule 3.800(a) contending that his sentence is illegal as exceeding the statutory maximum for his offense. The state argues that the sentence is not illegal and *1148that rule 3.800 may not be used to review legal errors underlying the conviction. If the motion were considered under rule 3.850, the state contends, Byrd would still be entitled to no relief because his argument that it was improper…