Culbertson v. State

District Court of Appeal of Florida

Culbertson v. State

547 So. 2d 725, 14 Fla. L. Weekly 1956, 1989 Fla. App. LEXIS 4649, 1989 WL 95289

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1989

DocketNo. 87-00693

StatusPublished

Cited by2 cases

This text of 547 So. 2d 725 (Culbertson 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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Culbertson v. State, 547 So. 2d 725, 14 Fla. L. Weekly 1956, 1989 Fla. App. LEXIS 4649, 1989 WL 95289 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The notice of appeal in this case is timely only in regard to an unsuccessfully litigated postconviction motion to correct sentence. The principal issue raised by that motion, and on appeal, concerns the validity of the reasons given by the trial court for aggravating the presumptive guideline sentence. Neither rule 3.800(a) nor 3.850, Florida Rules of Criminal Procedure, is an appropriate vehicle for raising such issues. See, e.g., Trimble v. State, 511 So.2d 403 (Fla. 2d DCA 1987). Therefore the order under review is affirmed.

We do note that the judgment and sentence forms erroneously indicate that appellant’s convictions for burglary of a structure, section 810.02(3), Florida Statutes (1983), are felonies of the second degree, rather than of the third degree. Accordingly, this scrivener’s error should be corrected upon receipt of our mandate.

Affirmed.

CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ., concur.

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PER CURIAM.

The notice of appeal in this case is timely only in regard to an unsuccessfully litigated postconviction motion to correct sentence. The principal issue raised by that motion, and on appeal, concerns the validity of the reasons given by the trial court for aggravating the presumptive guideline sentence. Neither rule 3.800(a) nor 3.850, Florida Rules of Criminal Procedure, is an appropriate vehicle for raising such issues. See, e.g., Trimble v. State, 511 So.2d 403 (Fla. 2d DCA 1987). Therefore the order under review is affirmed.

We do note that the judgment and sentence forms erroneously indicate that appellant’s convictions for burglary of a structure, section 810.02(3), Florida Statutes (1983), are felonies of the second degree, rather than of the third degree. Accordingly, this scrivener’s error should be corrected upon receipt of our mandate.

Affirmed.

CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ., concur.

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Bluebook (online)

547 So. 2d 725, 14 Fla. L. Weekly 1956, 1989 Fla. App. LEXIS 4649, 1989 WL 95289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culbertson-v-state-fladistctapp-1989.

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