Florida District Courts of Appeal, 2015

Steinberg v. State

Steinberg v. State
Florida District Courts of Appeal · Decided April 10, 2015 · Edwards, Evander, Torpy
160 So. 3d 950; 2015 Fla. App. LEXIS 5189; 2015 WL 1609950 (Southern Reporter, Third Series)

Steinberg v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court’s dismissal of Appellant’s Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence because Appellant’s claim is an attack on the legality of his conviction rather than the legality of his sentence. See State v. Moten, 698 So.2d 1345, 1346 (Fla. 5th DCA 1997). Our affirmance is without prejudice to Appellant seeking relief pursuant to Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

TORPY, C.J., EVANDER and EDWARDS, JJ., concur.

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