Steinberg v. State

160 So. 3d 950, 2015 Fla. App. LEXIS 5189, 2015 WL 1609950
District Court of Appeal of Florida·Decided April 10, 2015·No. No. 5D14-3554·Published

Opinion

PER CURIAM.

We affirm the trial court’s dismissal of Appellant’s Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence because Appellant’s claim is an attack on the legality of his conviction rather than the legality of his sentence. See State v. Moten, 698 So.2d 1345, 1346 (Fla. 5th DCA 1997). Our affirmance is without prejudice to Appellant seeking relief pursuant to Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

TORPY, C.J., EVANDER and EDWARDS, JJ., concur.

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Steinberg v. State, 160 So. 3d 950, 2015 Fla. App. LEXIS 5189, 2015 WL 1609950 (Fla. Ct. App. 2015).

160 So. 3d 950 (Steinberg v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Moten
698 So. 2d 1345 (District Court of Appeal of Florida, 1997)