Figueroa v. State

BLACK, Judge.

Carlos Figueroa appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. Given the unique circumstances of this case and Figueroa’s express request that the postconviction court and this court treat his motion in the alternative as a petition for writ of habeas corpus, we treat the appeal as such and grant it.

In 1998, Figueroa was charged by information with “Robbery with a firearm, F.S. 812.13, 775.087, 777.011, punishable by life felony” and first-degree grand theft. Count 1, the robbery charge, was titled as it is quoted…