Moran v. State

Kyle Dylan Moran appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Moran’s motion alleges three claims. We affirm the trial court’s denial of Moran’s first claim that the trial court erred in imposing a departure sentence for his burglary and attempted robbery convictions. Without passing on the merits of Moran’s claim, our affirmance is without prejudice to Moran’s ability, if any, to file a properly pleaded motion pursuant to Florida Rule of Criminal Procedure 3.800. See Baker v. State, 714 So.2d 1167 (Fla. 1st DCA…