Dougherty v. State
District Court of Appeal of Florida
1Opinion of the CourtOrfinger, J.
Bernard Dougherty appeals a trial court order partially denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Mr. Dougherty’s motion raised three claims. The trial court denied two of the claims with prejudice. With respect to the third claim, the trial court concluded it was legally insufficient and denied it without prejudice with leave to amend. No specific time was provided within which an amendment could be filed. The order then advised Mr. Dougherty that he had thirty days to file an appeal. Because the order lacks finality, we dismiss for…
2Cases cited2 opinions
- Lawrence v. StateDistrict Court of Appeal of Florida · 2008
- Howard v. StateDistrict Court of Appeal of Florida · 2008
3Cited by1 opinion
- Cunningham v. StateDistrict Court of Appeal of Florida · 2009