Lane v. State

961 So. 2d 994, 2007 Fla. App. LEXIS 10377, 2007 WL 1930863
Procedural entryThis page is a short order in Lane v. State. Read the opinion of the Court — 970 So. 2d 422
District Court of Appeal of Florida·Decided July 5, 2007·No. No. 4D07-2092·Published

Opinion

PER CURIAM.

The lower court properly denied appellant’s rule 3.800(a) motion by applying the “could-have-been-imposed” harmless' error test. Brooks v. State, 930 So.2d 835 (Fla. 4th DCA 2006) (en banc), review granted, 948 So.2d 758 (Fla.2007). As we did in Ghanem v. State, 947 So.2d 1252 (Fla. 4th DCA 2007), we affirm without prejudice to appellant seeking relief in the lower court pursuant to rule 3.850, within the time remaining under that rule. Id. at 1253 (citing Greenwood v. State, 802 So.2d 401 (Fla. 4th DCA 2001)).

FARMER, STEVENSON and MAY, JJ., concur.

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Lane v. State, 961 So. 2d 994, 2007 Fla. App. LEXIS 10377, 2007 WL 1930863 (Fla. Ct. App. 2007).

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Related

Greenwood v. State
802 So. 2d 401 (District Court of Appeal of Florida, 2001)
Ghanem v. State
947 So. 2d 1252 (District Court of Appeal of Florida, 2007)
Brooks v. State
930 So. 2d 835 (District Court of Appeal of Florida, 2006)