Florida District Courts of Appeal, 2007

Lane v. State

Lane v. State
Florida District Courts of Appeal · Decided July 5, 2007 · Farmer, Stevenson
961 So. 2d 994; 2007 Fla. App. LEXIS 10377; 2007 WL 1930863 (Southern Reporter, Second Series)

Lane v. State

Opinion of the Court

PER CURIAM.

The lower court properly denied appellant’s rule 3.800(a) motion by applying the “could-have-been-imposed” harmless' error test. Brooks v. State, 930 So.2d 835 (Fla. 4th DCA 2006) (en banc), review granted, 948 So.2d 758 (Fla. 2007). As we did in Ghanem v. State, 947 So.2d 1252 (Fla. 4th DCA 2007), we affirm without prejudice to appellant seeking relief in the lower court pursuant to rule 3.850, within the time remaining under that rule. Id. at 1253 (citing Greenwood v. State, 802 So.2d 401 (Fla. 4th DCA 2001)).

FARMER, STEVENSON and MAY, JJ., concur.

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