Weal v. State

District Court of Appeal of Florida

Weal v. State

824 So. 2d 262, 2002 Fla. App. LEXIS 11567, 2002 WL 1841545

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 2002

DocketNo. 4D02-2240

StatusPublished

This text of 824 So. 2d 262 (Weal 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

Weal v. State, 824 So. 2d 262, 2002 Fla. App. LEXIS 11567, 2002 WL 1841545 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion to correct an allegedly illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). This affir-mance is without prejudice to appellant filing a timely, sworn motion pursuant to rule 3.850. To the extent of the issues raised in this appeal, such motion would be limited to the issues of whether the required prior .convictions for an enhanced sentence existed and were proven, and whether appellant was given sufficient notice of the state’s intent to seek an enhanced sentence. See McCray v. State, 765 So.2d 82 (Fla. 4th DCA), rev. denied, 776 So.2d 276 (Fla.2000).

POLEN, C.J., STEVENSON and GROSS, JJ., concur.

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PER CURIAM.

We affirm the trial court’s denial of appellant’s motion to correct an allegedly illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). This affir-mance is without prejudice to appellant filing a timely, sworn motion pursuant to rule 3.850. To the extent of the issues raised in this appeal, such motion would be limited to the issues of whether the required prior .convictions for an enhanced sentence existed and were proven, and whether appellant was given sufficient notice of the state’s intent to seek an enhanced sentence. See McCray v. State, 765 So.2d 82 (Fla. 4th DCA), rev. denied, 776 So.2d 276 (Fla.2000).

POLEN, C.J., STEVENSON and GROSS, JJ., concur.

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Bluebook (online)

824 So. 2d 262, 2002 Fla. App. LEXIS 11567, 2002 WL 1841545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weal-v-state-fladistctapp-2002.

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