Florida District Courts of Appeal, 2002

State v. Suarez

State v. Suarez
Florida District Courts of Appeal · Decided June 12, 2002 · Gersten, Green, Levy
821 So. 2d 1119; 2002 Fla. App. LEXIS 8222; 2002 WL 1285059 (Southern Reporter, Second Series)

State v. Suarez

Opinion of the Court

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. The Defendant correctly concedes that the trial court erred in ruling that Wood applied to him. See Walker v. State, 799 So.2d 275, 276 (Fla. 2d DCA 2001).

Accordingly, we reverse the Order under review and remand with directions to enter an order denying Defendant’s Motion pursuant to Rule 3.800.

Reversed and remanded with directions.

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