FREDRICK R. COKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-01-03
No. 95-03520
DANAHY, A.C.J., and BLUE and QUINCE, JJ., concur.
686 So. 2d 4 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Frederick R. Coker appeals the summary denial of his motion to correct illegal sentence in which he raised two issues. We affirm that part of the order confirming Coker’s entitlement to gain time. Further, we affirm the denial of Coker’s motion concerning his habitualization in case number 89-12258 since that issue is not cognizable in a motion to correct illegal sentence. Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991). However, our affirmance of that aspect of the trial court’s order is without prejudice to Coker filing a properly sworn and timely motion for postconvietion relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed without prejudice.

DANAHY, A.C.J., and BLUE and QUINCE, JJ., concur.


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  • Perry v. State, 699 So. 2d 343 (Fla. 5th DCA 1997)
    …PER CURIAM. AFFIRMED. See State v. Callaway, 658 So. 2d 983 (Fla.1995); Coker v. State, 686 So. 2d 4 (Fla. 2d DCA 1996); Abdullah v. State, 679 So. 2d 846 (Fla. 5th DCA 1996). GOSHORN, PETERSON and ANTOON, JJ., concur.…

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