Hoppert v. State

James Hoppert appeals the posteonviction court’s order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). In his motion, Hoppert claims that the evidence presented at trial was insufficient to support his conviction for burglary of an occupied structure and that it only supported a conviction for the lesser offense of burglary of an unoccupied structure. Hoppert directly challenges his conviction under section 810.02(3)(c), Florida Statutes (2007); therefore his motion is improper as a motion to correct illegal sentence. Because Hoppert’s motion…