TAMOND COLE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-04-26
No. 18-3623
Maloney, J., Berger, J., Wallis, J., Eisnaugle, J.
268 So. 3d 991 Florida District Court of Appeal, Fifth District (2019)

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Holding

A motion to correct an illegal sentence under Rule 3.800(a) may be denied without prejudice to the defendant's ability to file a timely and sworn motion for postconviction relief under Rule 3.850 if done in good faith.


Headnotes

[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) may be denied without prejudice to the defendant's right to file a timely and sw…

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Facts & Procedural History

Tamond Cole filed a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The circuit court denied the motion.…

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Opinion of the Court
Eisnaugle

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

TAMOND COLE,

Appellant,

v. Case No. 5D18-3623

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed April 26, 2019

3.800 Appeal from the Circuit Court for Brevard County, Nancy Maloney, Judge.

Tamond Cole, Quincy, pro se.

Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the denial of Appellant's motion to correct illegal sentence, filed under Florida Rule of Criminal Procedure 3.800(a), without prejudice to his ability to file a timely and sworn motion for postconviction relief under Rule 3.850, if he can do so in good faith. See Lewis v. State, 926 So. 2d 437, 438–39 (Fla. 1st DCA 2006).

AFFIRMED.

BERGER, WALLIS and EISNAUGLE, JJ., concur.


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