Florida District Courts of Appeal, 2004

McCluster v. State

McCluster v. State
Florida District Courts of Appeal · Decided May 14, 2004 · Kelly, Northcutt, Villanti
872 So. 2d 447; 2004 Fla. App. LEXIS 6715; 2004 WL 1074504 (Southern Reporter, Second Series)

McCluster v. State

Opinion of the Court

PER CURIAM.

We affirm the order of the trial court without prejudice to any right appellant might have to file a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.800(a), or a timely facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850, raising the claim that the written sentences in counts three and four are illegal because they do not comport with the oral pronouncement.

NORTHCUTT, KELLY and VILLANTI, JJā€ž concur.

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