Fornaro v. State

District Court of Appeal of Florida

Fornaro v. State

791 So. 2d 555, 2001 Fla. App. LEXIS 10782, 2001 WL 863576

CourtDistrict Court of Appeal of Florida

DecidedAugust 1, 2001

DocketNo. 2D01-1623

StatusPublished

This text of 791 So. 2d 555 (Fornaro 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

Fornaro v. State, 791 So. 2d 555, 2001 Fla. App. LEXIS 10782, 2001 WL 863576 (Fla. Ct. App. 2001).

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Opinion

NORTHCUTT, Judge.

Stephen Fornaro filed a motion purporting to seek relief under Florida Rule of Criminal Procedure 3.850 based on our supreme court’s decision in Heggs v. State, 759 So.2d 620 (Fla.2000). The circuit court discerned that Fornaro’s motion actually sought correction of an allegedly illegal sentence and did not seek to withdraw the plea upon which the sentence was based. Therefore, the court properly treated the motion as one filed pursuant to rule 3.800 and correctly denied it.

We affirm the circuit court’s order without prejudice to any right Fornaro may have to file a proper motion to withdraw his plea under rule 3.850. We note that if Fornaro files such a motion and is successful, the Ststte, too, will be released from its side of the plea bargain. See Sidell v. State, 787 So.2d 139 (Fla. 2d DCA 2001).

ALTENBERND, A.C.J., and CASANUEVA, J., Concur.

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NORTHCUTT, Judge.

Stephen Fornaro filed a motion purporting to seek relief under Florida Rule of Criminal Procedure 3.850 based on our supreme court’s decision in Heggs v. State, 759 So.2d 620 (Fla.2000). The circuit court discerned that Fornaro’s motion actually sought correction of an allegedly illegal sentence and did not seek to withdraw the plea upon which the sentence was based. Therefore, the court properly treated the motion as one filed pursuant to rule 3.800 and correctly denied it.

We affirm the circuit court’s order without prejudice to any right Fornaro may have to file a proper motion to withdraw his plea under rule 3.850. We note that if Fornaro files such a motion and is successful, the Ststte, too, will be released from its side of the plea bargain. See Sidell v. State, 787 So.2d 139 (Fla. 2d DCA 2001).

ALTENBERND, A.C.J., and CASANUEVA, J., Concur.

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Bluebook (online)

791 So. 2d 555, 2001 Fla. App. LEXIS 10782, 2001 WL 863576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fornaro-v-state-fladistctapp-2001.

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