Florida District Courts of Appeal, 2004

Lewis v. State

Lewis v. State
Florida District Courts of Appeal · Decided August 18, 2004 · Allen, Browning, Nortwick
881 So. 2d 41; 2004 Fla. App. LEXIS 12087; 2004 WL 1836133 (Southern Reporter, Second Series)

Lewis v. State

Opinion of the Court

PER CURIAM.

Bernard C. Lewis appeals the trial court’s summary denial of his rule 3.800(a) motion to correct illegal sentence. The appellant had timely filed and the trial court granted a voluntary dismissal of the appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 8.800(a). Subsequently, the trial court entered the order on appeal purporting to deny the motion. Because the trial court was without jurisdiction to enter an order on the merits after the case had already been dismissed, we vacate the order denying the appellant’s motion to correct illegal sentence.

ALLEN, VAN NORTWICK and BROWNING, JJ., concur.

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