Prestwood v. State

Becky Lynn Prestwood challenges the order of the trial court denying her motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Prestwood argues that her three-year minimum mandatory sentence is illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002). We affirm the order of the trial court because Prest-wood’s motion is facially insufficient as she does not affirmatively allege that her date of offense falls within the window created by Taylor. We note, however, that the trial court did not dismiss Prestwood’s motion as facially insufficient.…