All Courts |
Federal Courts |
US Federal District Court Cases |
District Court of Appeal of Florida |
2013-12 |
-
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.
Document Info
Docket Number: No. 2D12-5556
Citation Numbers: 133 So. 3d 1003, 2013 WL 6516425, 2013 Fla. App. LEXIS 19798
Judges: Casanueva, Crenshaw, Villanti
Filed Date: 12/13/2013
Precedential Status: Precedential
Modified Date: 10/19/2024