Givens v. State

District Court of Appeal of Florida

Givens v. State

711 So. 2d 1320, 1998 Fla. App. LEXIS 6532, 1998 WL 288385

Procedural entryThis page is a short order in Givens v. State. Read the opinion of the Court — 666 So. 2d 235 →

District Court of Appeal of Florida·Decided June 5, 1998·No. No. 98-1037·Published

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing filed in this court on May 11, 1998, acknowledging that the instant appeal might have been timely in light of the mailbox rule. See Haag v. State, 591 So.2d 614 (Fla.1992). However, on the merits, we affirm. Appellant’s motion for correction of sentence is an abuse of process and is legally insufficient because it fails to allege a proper basis for relief under Rule 3.800(a). See generally, Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991) (on rehear[1321]*1321ing en banc), rev. denied, 613 So.2d 5 (Fla.1992).

DAUKSCH, HARRIS and PETERSON, JJ., concur.

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ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing filed in this court on May 11, 1998, acknowledging that the instant appeal might have been timely in light of the mailbox rule. See Haag v. State, 591 So.2d 614 (Fla.1992). However, on the merits, we affirm. Appellant’s motion for correction of sentence is an abuse of process and is legally insufficient because it fails to allege a proper basis for relief under Rule 3.800(a). See generally, Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991) (on rehear[1321]*1321ing en banc), rev. denied, 613 So.2d 5 (Fla.1992).

DAUKSCH, HARRIS and PETERSON, JJ., concur.

Givens v. State, 711 So. 2d 1320, 1998 Fla. App. LEXIS 6532, 1998 WL 288385 (Fla. Ct. App. 1998).

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Opinion

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