Florida District Courts of Appeal, 2004

Bernal v. State

Florida District Courts of Appeal · Decided November 5, 2004 · Altenbernd, Casanueva, Fulmer

892 So. 2d 1086; 2004 Fla. App. LEXIS 16643; 2004 WL 2481377 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Good v. State (Fla. Dist. Ct. App. 2006)

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Opinion of the Court

FULMER, Judge.

Juan J. Bernal appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Proce*1087dure 3.800(a). We reverse and remand to the trial court.

In its order denying Juan J. Bernal’s motion, the trial court inadvertently relied on a previous motion filed by Bernal’s brother, Johnny Bernal. Therefore, Juan J. Bernal’s motion was never addressed on the merits. Accordingly, we reverse the order of the trial court and remand for the trial court to rule on the merits of Juan J. Bernal’s motion.

Reverse and remanded.

ALTENBERND, C.J., and CASANUEVA, J., concur.

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