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547 So. 2d 725

547 So.2d 725

14 Fla.L.Weekly 1956

Culbertson v. State

District Court of Appeal of Florida

Decided August 18, 1989

District Court of Appeal of Florida · decided 1989-08-18

Cited by 2 later decisions — most recently October 2017

2 state decisions

Relies on 511 So. 2d 403 - Trimble v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-08-18

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PER CURIAM.

¶1The notice of appeal in this case is timely only in regard to an unsuccessfully litigated postconviction motion to correct sentence. The principal issue raised by that motion, and on appeal, concerns the validity of the reasons given by the trial court for aggravating the presumptive guideline sentence. Neither rule 3.800(a) nor 3.850, Florida Rules of Criminal Procedure, is an appropriate vehicle for raising such issues. See, e.g., Trimble v. State, 511 So.2d 403 (Fla. 2d DCA 1987). Therefore the order under review is affirmed.

¶2We do note that the judgment and sentence forms erroneously indicate that appellant’s convictions for burglary of a structure, section 810.02(3), Florida Statutes (1983), are felonies of the second degree, rather than of the third degree. Accordingly, this scrivener’s error should be corrected upon receipt of our mandate.

¶3Affirmed.

CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ., concur.
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