Ball v. State

ALTENBERND, Judge.

Ned Wayne Ball appeals the summary denial of his postconviction motion to correct a sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.850. We conclude that this motion should be treated as a timely filed motion pursuant to Florida Rule of Criminal Procedure 3.800(a).

Mr. Ball was sentenced on August 24, 1992, for two offenses. The trial court record establishes without dispute that, on April 14, 1992, Mr. Ball took a pickup truck belonging to the Silverado Steak Company. In the bed of the truck was a freezer full of meat. The State charged *862Mr. Ball for…