Fritzner v. State
This text of 864 So. 2d 574 (Fritzner 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.
Opinion
Fritzner appeals from the trial court’s summary denial of his amended motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm because Fritzner failed to affirmatively allege that his claim of an illegal sentence can be determined from the face of the record. See McKowen v. State, 816 So.2d 1254 (Fla. 5th DCA 2002). However, as in McKowen, our affirmance is without prejudice to Fritzner to file á facially sufficient motion pursuant to rule 3.800(a).
AFFIRMED.
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Cite This Page — Counsel Stack
864 So. 2d 574, 2004 Fla. App. LEXIS 771, 2004 WL 177114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fritzner-v-state-fladistctapp-2004.