Church v. State
Cases that cite this one
3 later published cases cite this decision.
- Tennant v. State (Fla. Dist. Ct. App. 2002)
- American Soup & Salad v. Col. Promenade (Fla. Dist. Ct. App. 1995)
- Davis v. State (Fla. Dist. Ct. App. 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Preston Duke John Church appeals the trial court’s dismissal of a motion to correct an illegal sentence. We affirm the dismissal without prejudice to the appellant filing a properly sworn motion under Florida Rule of Criminal Procedure 3.850.
The issue raised in the motion involves the lack of notice and opportunity to be heard prior to the imposition of costs and attorney’s fees. This issue is the proper subject of a 3.850 motion. See Lewis v. State, 629 So.2d 1051 (Fla. 2d DCA 1993); Townsend v. State, 604 So.2d 885 (Fla. 2d DCA 1992).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.