ELLIOT S. CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-06-30
No. 2D00-845
BLUE, A.C.J., and WHATLEY and DAVIS, JJ., Concur.
761 So. 2d 1219 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Elliot S. Campbell appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). It appears from the record before this court that Campbell filed two different rule 3.800(a) motions in the trial court. The order now under appeal addresses only the first of those two motions. We affirm that order without comment. To the extent Campbell seeks review of the issues raised in the second motion, we dismiss the appeal as premature because the trial court has not yet ruled on that motion. This affirmance is without prejudice to Campbell seeking review of any subsequent order of the trial court disposing of the second rule 3.800(a) motion.

BLUE, A.C.J., and WHATLEY and DAVIS, JJ., Concur.


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  • Simon v. State, 793 So. 2d 980 (Fla. 2d DCA 2001)
    …t at issue in this proceeding. Mr. Simon claims that he was improperly habitualized in 91-4339 because the trial court never orally announced that he was habitualized in that case and announced this status only for case 91-4974.2 In Simon v. State, 761 So. 2d 1219 (Fla. 2d DCA 2000), we relied upon a transcript of the sentencing hearing to determine that the oral sentence was not a habitual offender sentence.3 The transcript in that record, which is also included in this record, omits pages 8 through 10 of th…
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