COREY KLINE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-03-08
No. 17-3980
Alva, J., Berger, J., Wallis, J., Grosshans, J.
265 So. 3d 733 Florida District Court of Appeal, Fifth District (2019)

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Holding

The trial court's judgment is affirmed, but the appellant retains the right to file a timely and facially sufficient motion under Florida Rule of Criminal Procedure 3.850.

Headnotes

[1] An appellate affirmance does not preclude a defendant from filing a timely and facially sufficient motion for post-conviction relief under Florida Rule of Criminal Proced…

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Facts & Procedural History

Corey Kline appealed from a judgment entered by the Circuit Court for Seminole County. The specific underlying facts are not detailed in this opinion.…

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Topics
Motion For Rehearing Florida Rule Of Criminal Procedure 3.850

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Opinion of the Court
Grosshans

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

COREY KLINE,

Appellant,

v. Case No. 5D17-3980

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed March 8, 2019

Appeal from the Circuit Court for Seminole County, Marlene M. Alva, Judge.

James S. Purdy, Public Defender, and David M. Dixon, Assistant Public Defender, Daytona Beach, for Appellant. Corey Kline, Sneads, pro se.

Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm without prejudice to Appellant’s ability to timely file a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

BERGER, WALLIS and GROSSHANS, JJ., concur.

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