FIGUEROA v. STATE

No. 2D10-6140.

84 So.3d 1158 (2012)

Carlos FIGUEROA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 30, 2012.


Attorney(s) appearing for the Case

Carlos Figueroa , pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee.


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...

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