Florida District Courts of Appeal, 1996

Krawic v. State

Krawic v. State
Florida District Courts of Appeal · Decided January 24, 1996 · Gunther, Klein, Polen
666 So. 2d 599; 1996 Fla. App. LEXIS 476; 1996 WL 26959 (Southern Reporter, Second Series)

Krawic v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court’s summary denial of appellant’s Motion to Correct Illegal Sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Such a motion does not contemplate resolution of a factual dispute, and any error must appear from the face of the record. State v. Callaway, 658 So.2d 983 (Fla. 1995). Thus, our affirmance is without prejudice to appellant’s filing a timely and properly sworn motion pursuant to Florida Rule of Criminal Procedure 3.850.

GUNTHER, C.J., and POLEN and KLEIN, JJ., concur.

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