Hatcher v. State

District Court of Appeal of Florida

Hatcher v. State

686 So. 2d 15, 1996 Fla. App. LEXIS 6761, 1996 WL 347035

CourtDistrict Court of Appeal of Florida

DecidedJune 26, 1996

DocketNo. 96-00217

StatusPublished

This text of 686 So. 2d 15 (Hatcher 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

Hatcher v. State, 686 So. 2d 15, 1996 Fla. App. LEXIS 6761, 1996 WL 347035 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

Gerald Gene Hatcher appeals from the denial of his motion to define or clarify sentence. We reverse.

Hatcher alleges his plea agreement encompassed his serving the remainder of his control release sentence concurrently with his new offense. Hatcher requested the trial court to inform the Department of Corrections of its error.

The trial court denied Hatcher’s motion on the merits. However, Hatcher’s motion is an unsworn, unauthorized motion, and, therefore, the trial court should have dismissed the motion without prejudice to Hatcher filing a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

Reversed and remanded.

THREADGILL, C.J., and BLUE and QUINCE, JJ., concur.

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