Legal Opinion

McFarlane v. State

District Court of Appeal of Florida

Decided January 7, 2015No. 3D14-2701Published

1Per curiam

This is an appeal from a February 6, 2014 order (and a September 22, 2014 order on rehearing) summarily denying Milton McFarlane’s motion under Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence (the “Order”). The Order denies the appellant’s rule 3.800 motion as successive and refers to two earlier motions filed by McFarlane to correct his sentence. While those earlier motions, and the orders denying them, might be in the “court file” as referenced in the Order, they are not attached to the Order and are not a part of the record on appeal.

When, as here, the trial…

2Cases cited1 opinion

  1. Boyd v. StateDistrict Court of Appeal of Florida · 2011

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