McPherson v. State

MICKLE, Judge.

This is an appeal of an order denying the appellant’s motion to correct illegal sentence. The motion alleged three grounds for relief. We conclude that the second ground for relief is legally insufficient pursuant to Hair v. State, 503 So.2d 449 (Fla. 2d DCA 1987) (defendant’s failure to seek appellate review of alleged error in departure from guidelines sentence precluded trial court from considering issue upon motion for post-conviction relief), and that the third ground failed to allege any breach of the rules of criminal procedure. The first ground for relief alleged the…