Culbertson v. State

The notice of appeal in this case is timely only in regard to an unsuccessfully litigated postconviction motion to correct sentence. The principal issue raised by that motion, and on appeal, concerns the validity of the reasons given by the trial court for aggravating the presumptive guideline sentence. Neither rule 3.800(a) nor 3.850, Florida Rules of Criminal Procedure, is an appropriate vehicle for raising such issues. See, e.g., Trimble v. State, 511 So.2d 403 (Fla. 2d DCA 1987). Therefore the order under review is affirmed.

We do note that the judgment and sentence forms erroneously…