Coker v. State

District Court of Appeal of Florida

Coker v. State

686 So. 2d 4, 1996 Fla. App. LEXIS 53, 1996 WL 1148

CourtDistrict Court of Appeal of Florida

DecidedJanuary 3, 1996

DocketNo. 95-03520

StatusPublished

Cited by1 cases

This text of 686 So. 2d 4 (Coker 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

Coker v. State, 686 So. 2d 4, 1996 Fla. App. LEXIS 53, 1996 WL 1148 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Frederick R. Coker appeals the summary denial of his motion to correct illegal sentence in which he raised two issues. We affirm that part of the order confirming Coker’s entitlement to gain time. Further, we affirm the denial of Coker’s motion concerning his habitualization in case number 89-12258 since that issue is not cognizable in a motion to correct illegal sentence. Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991). However, our affirmance of that aspect of the trial court’s order is without prejudice to Coker filing a properly sworn and timely motion for postconvietion relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed without prejudice.

DANAHY, A.C.J., and BLUE and QUINCE, JJ., concur.

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PER CURIAM.

Frederick R. Coker appeals the summary denial of his motion to correct illegal sentence in which he raised two issues. We affirm that part of the order confirming Coker’s entitlement to gain time. Further, we affirm the denial of Coker’s motion concerning his habitualization in case number 89-12258 since that issue is not cognizable in a motion to correct illegal sentence. Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991). However, our affirmance of that aspect of the trial court’s order is without prejudice to Coker filing a properly sworn and timely motion for postconvietion relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed without prejudice.

DANAHY, A.C.J., and BLUE and QUINCE, JJ., concur.

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Bluebook (online)

686 So. 2d 4, 1996 Fla. App. LEXIS 53, 1996 WL 1148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coker-v-state-fladistctapp-1996.

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