Fritzner v. State
Florida District Courts of Appeal
Fritzner v. State, 864 So. 2d 574 (2004)
2004 Fla. App. LEXIS 771; 2004 WL 177114
Pleus, Sawaya, Sharp
Fritzner v. State
Opinion of the Court
Fritzner appeals from the trial court’s summary denial of his amended motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm because Fritzner failed to affirmatively allege that his claim of an illegal sentence can be determined from the face of the record. See McKowen v. State, 816 So.2d 1254 (Fla. 5th DCA 2002). However, as in McKowen, our affirmance is without prejudice to Fritzner to file á facially sufficient motion pursuant to rule 3.800(a).
AFFIRMED.
Reference
- Full Case Name
- Joseph FRITZNER v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published