Florida District Courts of Appeal, 2004

David v. State

David v. State
Florida District Courts of Appeal · Decided January 28, 2004 · Gersten, Ramirez, Wells
863 So. 2d 1282; 2004 Fla. App. LEXIS 613; 2004 WL 130738 (Southern Reporter, Second Series)

David v. State

Opinion of the Court

PER CURIAM.

Lionel David appeals an order denying his motion to correct illegal sentence. The trial court denied the motion as insufficient to support relief under Florida Rule of Criminal Procedure 3.800(a) because it raises factual questions. We affirm the denial of the motion without prejudice to any right Appellant might have to file a facially sufficient claim under rule 3.850. See Jackson v. State, 803 So.2d 842, 843 (Fla. 1st DCA 2001), Young v. State, 787 So.2d 259 (Fla. 2d DCA 2001).

Affirmed.

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