Jackson v. State

686 So. 2d 4, 1996 Fla. App. LEXIS 736, 1996 WL 34855

• Court: District Court of Appeal of Florida
• Decided: January 31, 1996
• Docket: No. 95-04371
• Status: Published

Opinion

PER CURIAM.

Garvin Jackson appeals the summary denial of his motions to define or clarify sentence and his motion to correct sentence filed in trial court case number 94-20338.¹ As the motions are unsworn, they must be treated as motions to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. The present sentence is not illegal; therefore, the order denying the motions is affirmed without prejudice for Jackson to file a timely motion for postconviction relief in accordance with Florida Rule of Criminal Procedure 3.850.²

Affirmed.

DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

1 . This court notes that there is presently pending an appeal of trial court case number 94-13076 (appellate case number 95-00843) and, therefore, it is without jurisdiction to consider any allegations concerning the sentence entered in that case.

2 . The order denying the subject motions does not reference the plea colloquy in which the terms of the plea agreement were discussed.