Ibarra v. State

Michael A. Ibarra appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. We affirm.

In April 2005, appellant entered an open no contest plea to robbery with a deadly weapon. The information charged that during the offense appellant “carried a firearm or other deadly weapon.” Although appellant maintained that he used a BB gun during the offense, and not a firearm, the victim had alleged otherwise. The weapon used during the robbery was never recovered. The plea form that appellant signed advised him that his plea would subject him to a…