Merricks v. State

Travessa E. Merricks appeals an order summarily denying his motion for postcon-viction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. The trial court treated the motion as a motion for correction of illegal sentence pursuant to rule 3.800(a). We affirm without prejudice to his raising below an issue he raises for the first time in this appeal.

We agree with the state that the clarification of the sentencing judge’s probation and community control orders did not constitute an enhancement of his sentence without a violation, under the facts of this case. Compare…