¶1Affirmed without prejudice to appellant filing with the trial court a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.800(a), See Johnson v. State, 60 So.3d 1045 (Fla.2011) (recognizing that rule 3.800(a) places the burden on the movant to demonstrate an entitlement to relief on the face of the record); Burgess v. State, 831 So.2d 137 (Fla.2002) (noting that a claim raised in a motion under 3.800(a) must be capable of being resolved as a matter of law, without an evidentiary determination, and on the face of the existing court record).
187 So. 3d 945
Porkolab v. State
District Court of Appeal of Florida
Decided March 23, 2016
District Court of Appeal of Florida · decided 2016-03-23
Cited by 2 later decisions — most recently July 2017
2 state decisions
Relies on Johnson v. State · 831 So. 2d 137 - Burgess v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2016-03-23
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