Church v. State

District Court of Appeal of Florida

Decided March 24, 1995

District Court of Appeal of Florida · decided 1995-03-24

Relies on Townsend v. State · Lewis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-03-24

How this case has been cited

Cited by 8 later decisions — most recently January 2010

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Preston Duke John Church appeals the trial court’s dismissal of a motion to correct an illegal sentence. We affirm the dismissal without prejudice to the appellant filing a properly sworn motion under Florida Rule of Criminal Procedure 3.850.

¶2The issue raised in the motion involves the lack of notice and opportunity to be heard prior to the imposition of costs and attorney’s fees. This issue is the proper subject of a 3.850 motion. See Lewis v. State, 629 So.2d 1051 (Fla. 2d DCA 1993); Townsend v. State, 604 So.2d 885 (Fla. 2d DCA 1992).

¶3Affirmed.

PARKER, A.C.J., and ALTENBERND and QUINCE, JJ., concur.