Carl Bennett v. State of Florida

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CARL BENNETT, ) ) Appellant, ) ) v. ) Case No. 2D19-79 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed March 25, 2020. Appeal from the Circuit Court for Polk County; Kelly P. Butz, Judge. Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Carl Bennett, pro se. Ashley Moody, Attorney General, Tallahassee, for Appellee. PER CURIAM. Affirmed without prejudice to Bennett's right to file a facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Williams v. State, 51 So. 3d 598, 599 (Fla. 2d DCA 2011) (explaining that because there is no procedure for a motion to enforce a plea agreement, such a claim must be filed pursuant to rule 3.850). NORTHCUTT and MORRIS, JJ., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur. -2-