District Court of Appeal of Florida June 12, 2002, No. 3D01-1920 (State v. Suarez)

PER CURIAM.

After it properly denied Defendant’s Motion to Correct Illegal Sentence under Florida Rule of Criminal Procedure 3.800, the trial court erroneously decided to treat Defendant’s Motion as a timely Rule 3.850 Motion pursuant to Wood v. State, 750 So.2d 592 (Fla.1999), and found that a prima facie case was made that required an evidentiary hearing on the Defendant’s allegations.