Smith v. State

336 So.3d 363

Jennifer SMITH, Appellant,

v.STATE of Florida, Appellee.

No. 1D21-2982

District Court of Appeal of Florida, First District.

March 9, 2022

Jennifer Smith, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

Jennifer Smith appeals an order denying her motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Because Smith challenges the procedure leading to her sentence and not the sentence itself, the postconviction court properly denied relief. See Kramer v. State , 326 So. 3d 1202, 1203 (Fla. 1st DCA 2021) (holding that defendant's claim based on the trial court's consideration of unsubstantiated allegations of criminal conduct was not cognizable in a 3.800(a) motion); see also Judge v. State , 596 So. 2d 73, 77 (Fla. 2d DCA 1991) (reaffirming that rule 3.800(a) "is not a vehicle designed to re-examine whether the procedure employed to impose the punishment comported with statutory law and due process").

AFFIRMED .

Ray, Osterhaus, and M.K. Thomas, JJ., concur.