Massaro v. State

District Court of Appeal of Florida

Massaro v. State

244 So. 3d 333

District Court of Appeal of Florida·Decided May 23, 2018·No. No. 4D17–2245·Published

Opinion

Per Curiam.

We affirm the denial of appellant's Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence, but we reverse the portion of the order prohibiting appellant from filing any further pro se pleadings. The trial court did not give appellant notice or an opportunity to respond before entering the order. See State v. Spencer , 751 So.2d 47 (Fla. 1999) ; Jones v. State , 221 So.3d 786 (Fla. 1st DCA 2017) ; Stokes v. State , 50 So.3d 1234 (Fla. 4th DCA 2011) ; Hines v. State , 949 So.2d 1086, 1087 (Fla. 4th DCA 2007).

Affirmed in part; reversed in part; remanded.

Gross, Taylor and Conner, JJ., concur.

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Per Curiam.

We affirm the denial of appellant's Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence, but we reverse the portion of the order prohibiting appellant from filing any further pro se pleadings. The trial court did not give appellant notice or an opportunity to respond before entering the order. See State v. Spencer , 751 So.2d 47 (Fla. 1999) ; Jones v. State , 221 So.3d 786 (Fla. 1st DCA 2017) ; Stokes v. State , 50 So.3d 1234 (Fla. 4th DCA 2011) ; Hines v. State , 949 So.2d 1086, 1087 (Fla. 4th DCA 2007).

Affirmed in part; reversed in part; remanded.

Gross, Taylor and Conner, JJ., concur.

Massaro v. State, 244 So. 3d 333 (Fla. Ct. App. 2018).

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