Givens v. State

District Court of Appeal of Florida

Givens v. State

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

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 1998

DocketNo. 98-1037

StatusPublished

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

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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.

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711 So. 2d 1320, 1998 Fla. App. LEXIS 6532, 1998 WL 288385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/givens-v-state-fladistctapp-1998.

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