Florida District Courts of Appeal, 2008

McFadden v. State

McFadden v. State
Florida District Courts of Appeal · Decided July 2, 2008 · Hazouri, Stone
985 So. 2d 681; 2008 Fla. App. LEXIS 9914; 2008 WL 2596760 (Southern Reporter, Second Series)

McFadden v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court order summarily denying appellant’s motion to correct illegal sentence, without prejudice to his right to file a timely and verified motion for post conviction relief challenging the voluntariness of his plea, and/or alleging ineffective assistance of his counsel regarding his waiver of additional credit for time served in the drug farm if imposed and served as part of his sentence after his original conviction. See Hamilton v. State, 898 So.2d 172, 174 (Fla. 4th DCA 2005) (citing Young v. State, 754 So.2d 128 (Fla. 2d DCA 2000)) (Polen, J., concurring).

STONE, HAZOURI and MAY, JJ., concur.

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