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686 So. 2d 4

Coker v. State

District Court of Appeal of Florida

Decided January 3, 1996

District Court of Appeal of Florida · decided 1996-01-03

Cited by 1 later decisions — most recently September 1997

1 state decisions

Relies on 596 So. 2d 73 - Judge v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-03

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PER CURIAM.

¶1Frederick R. Coker appeals the summary denial of his motion to correct illegal sentence in which he raised two issues. We affirm that part of the order confirming Coker’s entitlement to gain time. Further, we affirm the denial of Coker’s motion concerning his habitualization in case number 89-12258 since that issue is not cognizable in a motion to correct illegal sentence. Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991). However, our affirmance of that aspect of the trial court’s order is without prejudice to Coker filing a properly sworn and timely motion for postconvietion relief pursuant to Florida Rule of Criminal Procedure 3.850.

¶2Affirmed without prejudice.

DANAHY, A.C.J., and BLUE and QUINCE, JJ., concur.
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