Florida District Courts of Appeal, 1998

Givens v. State

Givens v. State
Florida District Courts of Appeal · Decided June 5, 1998 · Dauksch, Harris, Peterson
711 So. 2d 1320; 1998 Fla. App. LEXIS 6532; 1998 WL 288385 (Southern Reporter, Second Series)

Givens v. State

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing filed in this court on May 11, 1998, acknowledging that the instant appeal might have been timely in light of the mailbox rule. See Haag v. State, 591 So.2d 614 (Fla. 1992). However, on the merits, we affirm. Appellant’s motion for correction of sentence is an abuse of process and is legally insufficient because it fails to allege a proper basis for relief under Rule 3.800(a). See generally, Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991) (on rehear*1321ing en banc), rev. denied, 613 So.2d 5 (Fla. 1992).

DAUKSCH, HARRIS and PETERSON, JJ., concur.

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