Florida District Courts of Appeal, 2004

Fritzner v. State

Florida District Courts of Appeal · Decided January 30, 2004 · Pleus, Sawaya, Sharp

864 So. 2d 574; 2004 Fla. App. LEXIS 771; 2004 WL 177114 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Williams v. State (Fla. Dist. Ct. App. 2010)
Hankerson v. State (Fla. Dist. Ct. App. 2004)
Johnson v. State (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SHARP, W., J.

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.

SAWAYA, C.J., and PLEUS, J., concur.

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