PRESTON DUKE JOHN CHURCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PRESTON DUKE JOHN CHURCH, APPELLANT,
STATE OF FLORIDA, APPELLEE
652 So. 2d 911
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Preston Duke John Church appeals the trial court’s dismissal of a motion to correct an illegal sentence. We affirm the dismissal without prejudice to the appellant filing a properly sworn motion under Florida Rule of Criminal Procedure 3.850.
The issue raised in the motion involves the lack of notice and opportunity to be heard prior to the imposition of costs and attorney’s fees. This issue is the proper subject of a 3.850 motion. See Lewis v. State, 629 So. 2d 1051 (Fla. 2d DCA 1993); Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992).
Affirmed.
PARKER, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
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Lasco Enters., Inc. v. Kohlbrand, 819 So. 2d 821 (Fla. 5th DCA 2002)…160, 1152 (Fla.1979). Lasco has failed to sustain its burden of proving error on this issue due to the fact that it failed to provide this court with a complete copy of the trial transcript. See All American Soup & Salad, Inc. v. Colonial Promenade, 652 So. 2d 911 (Fla. 5th DCA 1995)(holding that, by failing to provide complete transcript, appellant failed to meet burden of establishing reversible error to overcome presumption of correctness afforded to trial court’s decision). Lasco maintains that, even wit…
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Colby Materials, Inc. v. Caldwell Constr., Inc., 868 So. 2d 584 (Fla. 5th DCA 2004)…nt of the evidence or proceeding pursuant to rule 9.200(b)(4) of the Florida Rules of Appellate Procedure. As a result, Colby Materials has failed to sustain its burden of proving any error. See All American Soup & Salad, Inc. v. Colonial Promenade, 652 So. 2d 911 (Fla. 5th DCA 1995)(holding that, by failing to provide complete transcript, appellant failed to meet burden of establishing reversible error to overcome presumption of correctness afforded to trial court’s decision); see also National Enterprises,…
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- Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992)
- Lewis v. State, 629 So. 2d 1051 (Fla. 2d DCA 1993)