Bentley v. State

District Court of Appeal of Florida

Bentley v. State

133 So. 3d 1003, 2013 WL 6516425, 2013 Fla. App. LEXIS 19798

District Court of Appeal of Florida·Decided December 13, 2013·No. No. 2D12-5556·Published

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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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.

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

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Opinion

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