Church v. State
652 So. 2d 911, 1995 Fla. App. LEXIS 3067, 1995 WL 123628
District Court of Appeal of Florida·Decided March 24, 1995·No. No. 94-03084·Published·Cited by 3 cases
Opinion
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.
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Church v. State, 652 So. 2d 911, 1995 Fla. App. LEXIS 3067, 1995 WL 123628 (Fla. Ct. App. 1995).
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