Fritzner v. State

864 So. 2d 574, 2004 Fla. App. LEXIS 771, 2004 WL 177114
CourtDistrict Court of Appeal of Florida
DecidedJanuary 30, 2004
DocketNo. 5D03-4067
StatusPublished
Cited by3 cases

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.

Bluebook
Fritzner v. State, 864 So. 2d 574, 2004 Fla. App. LEXIS 771, 2004 WL 177114 (Fla. Ct. App. 2004).

Opinion

SHARP, W., J.

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.

SAWAYA, C.J., and PLEUS, J., concur.

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Related

Williams v. State
46 So. 3d 139 (District Court of Appeal of Florida, 2010)
Johnson v. State
881 So. 2d 88 (District Court of Appeal of Florida, 2004)
Hankerson v. State
864 So. 2d 574 (District Court of Appeal of Florida, 2004)

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Bluebook (online)
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.