Bernal v. State

District Court of Appeal of Florida

Bernal v. State

892 So. 2d 1086, 2004 Fla. App. LEXIS 16643, 2004 WL 2481377

CourtDistrict Court of Appeal of Florida

DecidedNovember 5, 2004

DocketNo. 2D04-3074

StatusPublished

Cited by1 cases

This text of 892 So. 2d 1086 (Bernal 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.

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Bernal v. State, 892 So. 2d 1086, 2004 Fla. App. LEXIS 16643, 2004 WL 2481377 (Fla. Ct. App. 2004).

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Opinion

FULMER, Judge.

Juan J. Bernal appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Proce[1087]*1087dure 3.800(a). We reverse and remand to the trial court.

In its order denying Juan J. Bernal’s motion, the trial court inadvertently relied on a previous motion filed by Bernal’s brother, Johnny Bernal. Therefore, Juan J. Bernal’s motion was never addressed on the merits. Accordingly, we reverse the order of the trial court and remand for the trial court to rule on the merits of Juan J. Bernal’s motion.

Reverse and remanded.

ALTENBERND, C.J., and CASANUEVA, J., concur.

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