¶1We affirm the trial court’s summary denial of appellant’s Motion to Correct Illegal Sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Such a motion does not contemplate resolution of a factual dispute, and any error must appear from the face of the record. State v. Callaway, 658 So.2d 983 (Fla.1995). Thus, our affirmance is without prejudice to appellant’s filing a timely and properly sworn motion pursuant to Florida Rule of Criminal Procedure 3.850.
666 So. 2d 599
Krawic v. State
District Court of Appeal of Florida
Decided January 24, 1996
District Court of Appeal of Florida · decided 1996-01-24
Cited by 1 later decisions — most recently April 2011
1 state decisions
Relies on State v. Callaway
Good law ✅— No negative treatment on recordhow we know
Decided 1996-01-24
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