final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal Nos. 07-21129A, 07-24409A, 07-38201A, and 14-27988
Cristina Miranda, Judge.
J. Martinez, Public Defender, and Shannon Hemmendinger,
Assistant Public Defender, for appellant.
Moody, Attorney General, and Magaly Rodriguez, Assistant
Attorney General, for appellee.
FERNANDEZ, LOGUE and MILLER, JJ.
David Staples appeals his judgment and sentence. We agree
with the State and affirm.
22, 2008, Staples entered a nolo contendere plea to the
following charges: (1) robbery using a deadly weapon or
firearm and armed carjacking, (2) robbery using a deadly
weapon or firearm and attempted kidnapping with a weapon, and
(3) robbery using a deadly weapon or firearm. The trial court
withheld adjudication and sentenced Staples as a youthful
offender to two years community control, followed by four
years probation, with the special condition that he serve 364
days in county jail, mitigated by boot camp.
January 12, 2010, the State filed an affidavit of violation
of probation in each case alleging that Staples violated his
probation by committing the crime of leaving the scene of an
accident with property damage. On September 9, 2011, the
trial court modified Staples' probation by removing the
boot camp provision and extending the term of probation by
four years, so it would end on September 9, 2015.
August 22, 2012, the State filed an amended affidavit of
violation of probation alleging that Staples violated his
probation by committing the criminal offenses of having no
driver's license and failing to pay for drug testing
fees. On December 31, 2014, the State filed another amended
affidavit of violation of probation alleging that Staples
violated his probation by committing the criminal offenses of
battery and domestic battery by strangulation. On January 8,
2015, the State charged Staples with robbery by sudden
snatching, battery, domestic battery by strangulation, and
hearing on September 3, 2015, Staples admitted he violated
his probation and entered a nolo contendere plea. The trial
court revoked his probation and sentenced him to 18.1 years
in state prison with credit for time served from December 19,
this Court entered an order granting Staples' petition
for belated appeal on January 5, 2017. On February 28, 2017,
while this appeal was pending and before the Public
Defender's Office was appointed in this case, Staples
filed a pro se motion to correct sentencing errors alleging
three claims: (1) that the trial court lacked subject-matter
jurisdiction to revoke his probation, (2) that the trial
court erred in failing to continue his youthful offender
status, and (3) that the trial court erred in designating him
a violent felony offender of special concern.
State filed a response to Staples' February 28, 2017
motion, contending that the motion was "facially
insufficient under Florida Rule of Criminal Procedure
3.800(a)," because it failed to "affirmatively
identify court records which, on their face, demonstrate the
existence of an illegal sentence." On September 12,
2018, the trial court denied Staples' motion, stating
that Staples' motion was "facially insufficient
under Florida Rule of Criminal Procedure 3.800(a)." The
order further stated that "[t]he defendant fails to
affirmatively identify court records which, on their face,
demonstrate the existence of an illegal sentence. See
Johnson v. State, 60 So.3d 1045 (Fla. 2011)."
Staples now appeals.
argues that the trial court erred in denying his motion as
facially insufficient under rule 3.800(a) because his motion
was not filed pursuant to rule 3.800(a), but instead was
filed pursuant to rule 3.800(b)(2), which does not require
the movant to affirmatively allege that the court records
demonstrate on their face an entitlement to the relief
sought. Staples contends that this Court should reverse ...