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Bentley v. State

133 So. 3d 1003, 2013 WL 6516425, 2013 Fla. App. LEXIS 19798
CourtDistrict Court of Appeal of Florida
DecidedDecember 13, 2013
DocketNo. 2D12-5556
StatusPublished

This text of 133 So. 3d 1003 (Bentley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bentley v. State, 133 So. 3d 1003, 2013 WL 6516425, 2013 Fla. App. LEXIS 19798 (Fla. Ct. App. 2013).

Opinion

CASANUEVA, Judge.

We affirm the postconviction court’s summary denial of Howard E. Bentley’s motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) without prejudice for Bentley to refile his motion to state a facially sufficient claim. Such a claim would specifically identify the portions of the record that demonstrate, on their face, his entitlement to relief. See Johnson v. State, 60 So.3d 1045, 1051 (Fla.2011). Such a motion shall not be considered successive.

Affirmed.

VILLANTI and CRENSHAW, JJ., Concur.

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Related

Johnson v. State
60 So. 3d 1045 (Supreme Court of Florida, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
133 So. 3d 1003, 2013 WL 6516425, 2013 Fla. App. LEXIS 19798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bentley-v-state-fladistctapp-2013.