Legal Opinion

Balkcom v. State

District Court of Appeal of Florida

Decided April 27, 2005No. 2D04-4558Published

1Opinion of the Court

SILBERMAN, Judge.

Carlton Balkcom appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order without prejudice to any right Balkcom may have to raise his claims or to seek to withdraw his plea in a timely, facially sufficient motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Romero v. State, 805 So.2d 92, 93 (Fla. 2d DCA 2002). Because the time for Balk-com to seek such relief expired during the pendency of this appeal, any motion filed…

2Cases cited2 opinions

  1. Romero v. StateDistrict Court of Appeal of Florida · 2002
  2. Sanders v. StateDistrict Court of Appeal of Florida · 2002

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