Dunn v. State

NORTHCUTT, Judge.

Curtis E. Dunn, Jr., appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he presented one ground for relief. We affirm the postconviction court’s denial of Dunn’s claim but do so without prejudice for Dunn to refile his claim pursuant to the requirements of rule 3.800(a). In addition, we reverse the court’s finding that the motion was frivolous and successive as well as the court’s referral of Dunn to the Department of Corrections (DOC) for disciplinary sanctions.

On March 6, 1984, Dunn…