Church v. State

District Court of Appeal of Florida

Church v. State

652 So. 2d 911, 1995 Fla. App. LEXIS 3067, 1995 WL 123628

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 1995

DocketNo. 94-03084

StatusPublished

Cited by3 cases

This text of 652 So. 2d 911 (Church 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

Church v. State, 652 So. 2d 911, 1995 Fla. App. LEXIS 3067, 1995 WL 123628 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

Preston Duke John Church appeals the trial court’s dismissal of a motion to correct an illegal sentence. We affirm the dismissal without prejudice to the appellant filing a properly sworn motion under Florida Rule of Criminal Procedure 3.850.

The issue raised in the motion involves the lack of notice and opportunity to be heard prior to the imposition of costs and attorney’s fees. This issue is the proper subject of a 3.850 motion. See Lewis v. State, 629 So.2d 1051 (Fla. 2d DCA 1993); Townsend v. State, 604 So.2d 885 (Fla. 2d DCA 1992).

Affirmed.

PARKER, A.C.J., and ALTENBERND and QUINCE, JJ., concur.

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