Seward v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 ALPHONSO SEWARD, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-2833 [September 10, 2008] PER CURIAM. We affirm the trial court s denial of appellant s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. Appellant s motion did not demonstrate that h e did not qualify for sentencing as a violent career criminal (VCC) and did not identify how the record establishes he is entitled to relief. See Bover v. State, 797 So. 2d 1246 (Fla. 2001); Jackson v. State, 803 So. 2d 842, 844-45 (Fla. 1st DCA 2001). The records identified by appellant demonstrate that he has sufficient prior convictions to qualify for sentencing under the VCC statute. § 775.084(1)(d)1, Fla. Stat. (1999). If appellant was not released from incarceration or supervision as a result of an enumerated felony within the requisite time frame, he must identify how court records demonstrate on their face an entitlement to relief. Bover, 797 So. 2d at 1248-49. See § 775.084(1)(d)3b, Fla. Stat. If he cannot, and an evidentiary hearing would be required to establish the date of his release, this claim may not be raised in a rule 3.800(a) motion. POLEN, STEVENSON, and DAMOORGIAN, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana Gardiner, Judge; L.T. Case No. 00-8213 CF10A. Alphonso Seward, Immokalee, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing. 2

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