final until disposition of timely filed motion for rehearing.
Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)
from the Circuit Court for Miami-Dade County Lower Tribunal
No. 97-15719, Marisa Tinkler-Mendez, Judge.
Timothy Cox, in proper person.
Jo Bondi, Attorney General, and Eric J. Eves, Assistant
Attorney General, for appellee.
ROTHENBERG, EMAS and LOGUE, JJ.
Timothy Cox appeals from the trial court's order denying
his motion to correct illegal sentence pursuant to Florida
Rule of Criminal Procedure 3.800(a). We affirm, because Cox
failed to meet the burden imposed on him when seeking to
correct or vacate an illegal sentence pursuant to rule
October 9, 1998, Cox entered a negotiated plea to the charges
of armed robbery with a firearm (three counts) and aggravated
battery (one count), and was sentenced as a habitual felony
offender to life imprisonment. As part of the negotiated plea,
Cox expressly stipulated in writing that "he qualifies
as a habitual felony offender pursuant to the statutory
requirements set forth in 775.084, " and further
stipulated that he had previously been convicted of
qualifying predicate felonies in case numbers 89-47912,
89-47604, 89-47603, 89-47602 (each a conviction for armed
robbery) and in case number 89-6004B (a conviction for
burglary). Cox further stipulated in writing that "at
least one of the above prior convictions was within five
years of the cases for which the defendant is presently
charged, " and that none of these prior convictions
had been set aside, nor a pardon granted.
2016, Cox filed a pro se motion to correct illegal sentence,
alleging that the sentence (and in particular, the habitual
offender designation) was illegal because his prior
convictions were not sequential as required by section
775.084(5). However, in his negotiated plea Cox
expressly stipulated that he had been convicted of these
prior predicate felonies and that he qualified as a habitual
felony offender under section 775.084. In doing so, Cox
knowingly and voluntarily waived the procedural requirements
of section 775.084 and, with it, the State's obligation
to present evidence establishing that Cox qualified as a
habitual felony offender. See Irving v. State, 627 So.2d
92 (Fla. 3d DCA 1993); White v. State, 60 So.3d 1101
(Fla. 5th DCA 2011).
and as the State correctly argues, Cox failed to satisfy the
burden imposed on him when seeking to correct an illegal
sentence under rule 3.800(a). Unlike a motion for
postconviction relief pursuant to rule 3.850,  a motion to
correct illegal sentence pursuant to rule 3.800(a) places the
burden on the defendant, who must "affirmatively
allege that the court records demonstrate on their face an
entitlement to relief. . . ." Fla. R. Crim. P. 3.800(a).
The burden is not upon the State to demonstrate that the
records conclusively show that the defendant is entitled to
no relief. In meeting his burden on a motion to correct
illegal sentence, the defendant may not rely on facts beyond
the face of the record. Johnson v. State, 60 So.3d
1045 (Fla. 2011). In the instant case, Cox has failed to
affirmatively identify court records which, on their face,
demonstrate the existence of an illegal sentence or an
entitlement to relief under rule 3.800(a). Indeed, on its
face, the record below (which includes the written plea
agreement and the sentencing transcript) undermines Cox's
claim that he did not qualify as a habitual felony offender.
 This was part of a negotiated global
plea in five separate cases; in the other four cases, Cox was
charged with, inter alia, armed robbery (two counts);
attempted armed robbery (one count); burglary with an assault
or battery (one count); and fleeing a law enforcement
officer. As part of this negotiated global plea, the
sentences imposed in all five cases were ordered to be served
In addition, on April 17, 1998 (six months prior to
the global plea) Cox had been sentenced to life in prison as
a habitual felony offender in case number 97-12328 (three
counts of armed robbery). As part of the parties'
negotiations, the sentences imposed pursuant to the global
plea were also ordered to be ...