JUSTIN A. FRANCESCHI
v.
STATE OF FLORIDA
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A trial court must address all claims raised in a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a), and failure to do so requires remand.
[1] A trial court must address all claims raised in a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a), and failure to rule on any claim r…
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Join FLexlaw to unlock all legal intelligenceJustin Franceschi filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), raising three claims. The trial …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JUSTIN A. FRANCESCHI,
Appellant,
v. Case No. 5D18-3290
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 21, 2018
3.800 Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.
Justin A. Franceschi, Milton, pro se.
No Appearance for Appellee.
PER CURIAM.
Justin Franceschi appeals an order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Franceschi raised three claims. The trial court properly denied Franceschi’s first claim but failed to address claims two and three. Accordingly, we remand for the trial court to rule on these claims.
AFFIRMED, in part; REVERSED, in part; and REMANDED. TORPY, EVANDER and EISNAUGLE, JJ., concur.