Legal Opinion

McCluster v. State

District Court of Appeal of Florida

Decided May 14, 2004No. 2D03-5233PublishedCited by 1 opinion

1Per curiam

We affirm the order of the trial court without prejudice to any right appellant might have to file a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.800(a), or a timely facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850, raising the claim that the written sentences in counts three and four are illegal because they do not comport with the oral pronouncement.

NORTHCUTT, KELLY and VILLANTI, JJ„ concur.

2Cited by1 opinion

  1. Lyell v. StateDistrict Court of Appeal of Florida · 2004