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Florida District Courts of Appeal, 2001

Horner v. State

Horner v. State
Florida District Courts of Appeal · Decided March 7, 2001 · Altenbernd, Northcutt, Whatley
787 So. 2d 76; 2001 Fla. App. LEXIS 2411; 2001 WL 219966 (Southern Reporter, Second Series)

Horner v. State

Opinion of the Court

PER CURIAM.

David Lee Horner appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order denying Horner relief without prejudice to Horner’s right to file a timely, facially sufficient motion for postconviction relief pursuant to rule 3.850. *77Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000) (en banc).

Affirmed.

ALTENBERND, A.C.J., and WHATLEY and NORTHCUTT, JJ., concur.

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