Florida District Courts of Appeal, 2013

Bentley v. State

Bentley v. State
Florida District Courts of Appeal · Decided December 13, 2013 · Casanueva, Crenshaw, Villanti
133 So. 3d 1003; 2013 WL 6516425; 2013 Fla. App. LEXIS 19798 (Southern Reporter, Third Series)

Bentley v. State

Opinion of the Court

CASANUEVA, Judge.

We affirm the postconviction court’s summary denial of Howard E. Bentley’s motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) without prejudice for Bentley to refile his motion to state a facially sufficient claim. Such a claim would specifically identify the portions of the record that demonstrate, on their face, his entitlement to relief. See Johnson v. State, 60 So.3d 1045, 1051 (Fla. 2011). Such a motion shall not be considered successive.

Affirmed.

VILLANTI and CRENSHAW, JJ., Concur.

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