Legal Opinion

Museau v. State

District Court of Appeal of Florida

Decided March 28, 2007No. 4D07-198PublishedCited by 1 opinion

1Per curiam

Antoine Museau appeals the denial of his rule 3.800(a) motion to correct illegal sentence. We affirm all points, but note that, within his first issue, he claims a discrepancy between the written sentence and oral pronouncement. This court has held that the claim is not cognizable through a rule 3.800(a) motion. See Campbell v. State, 718 So.2d 886 (Fla. 4th DCA 1998). Museau’s motion was not sworn.

Consequently, we affirm the denial of relief, but without prejudice to Museau seeking relief pursuant to rule 3.850, if time allows. See Moreland v. State, 944 So.2d 485 (Fla. 4th DCA 2006); Wilbon…

2Cases cited8 opinions

  1. Campbell v. StateDistrict Court of Appeal of Florida · 1998
  2. Fitzpatrick v. StateDistrict Court of Appeal of Florida · 2004
  3. Berthiaume v. StateDistrict Court of Appeal of Florida · 2004
  4. Renaud v. StateSupreme Court of Florida · 2006
  5. Covell v. StateDistrict Court of Appeal of Florida · 2005

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Roebuck v. StateDistrict Court of Appeal of Florida · 2007

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