Velazquez v. State

District Court of Appeal of Florida

Velazquez v. State

727 So. 2d 1096, 1999 Fla. App. LEXIS 2469, 1999 WL 110764

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1999

DocketNo. 97-3335

StatusPublished

This text of 727 So. 2d 1096 (Velazquez 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

Velazquez v. State, 727 So. 2d 1096, 1999 Fla. App. LEXIS 2469, 1999 WL 110764 (Fla. Ct. App. 1999).

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Opinion

THOMPSON, J.

Julian Max Velazquez appeals an order denying rehearing of an order which summarily granted in part and dismissed in part his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion for rehearing did not address the partial dismissal of the 3.850 motion. Rather, Velazquez raised sentencing issues concerning a separate but related case which were not raised previously. This appeal, in effect, seeks review of issues never considered by the trial court. As such, the issues are not ripe for review. See Williams v. State, 23 Fla. L. Weekly 1059, - So.2d -, 1998 WL 199362 (Fla. 2d DCA April 24, 1998); Young v. State, 695 So.2d 819 (Fla. 4th DCA 1997). Accordingly, we dismiss the appeal without prejudice to Velazquez to file a proper motion under Florida Rules of Criminal Procedure 3.800(a), see Glanton v. State, 705 So.2d 945 (Fla. 1st DCA 1998) (miscalculations apparent on face of scoresheet are reviewable on a rule 3.800(a) motion), or 3.850, see State v. Callaway, 658 So.2d 983 (Fla.1995) (3.850 motion necessary if evidentiary hearing is required).

DISMISSED.

HARRIS, J., concurs. DAUKSCH, J., dissents without opinion.

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THOMPSON, J.

Julian Max Velazquez appeals an order denying rehearing of an order which summarily granted in part and dismissed in part his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion for rehearing did not address the partial dismissal of the 3.850 motion. Rather, Velazquez raised sentencing issues concerning a separate but related case which were not raised previously. This appeal, in effect, seeks review of issues never considered by the trial court. As such, the issues are not ripe for review. See Williams v. State, 23 Fla. L. Weekly 1059, - So.2d -, 1998 WL 199362 (Fla. 2d DCA April 24, 1998); Young v. State, 695 So.2d 819 (Fla. 4th DCA 1997). Accordingly, we dismiss the appeal without prejudice to Velazquez to file a proper motion under Florida Rules of Criminal Procedure 3.800(a), see Glanton v. State, 705 So.2d 945 (Fla. 1st DCA 1998) (miscalculations apparent on face of scoresheet are reviewable on a rule 3.800(a) motion), or 3.850, see State v. Callaway, 658 So.2d 983 (Fla.1995) (3.850 motion necessary if evidentiary hearing is required).

DISMISSED.

HARRIS, J., concurs. DAUKSCH, J., dissents without opinion.

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727 So. 2d 1096, 1999 Fla. App. LEXIS 2469, 1999 WL 110764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velazquez-v-state-fladistctapp-1999.

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