CLEVELAND KINER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-09-13
No. 3D00-1757
Before JORGENSON, COPE and GODERICH, JJ.
768 So. 2d 1171 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Melgares v. State, 762 So. 2d 921 (Fla. 3d DCA 2000) (on rehearing).


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Cited By

  • Merlan Davis v. State, 800 So. 2d 656 (Fla. 2d DCA 2001)
    …o rule on Davis’s motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). A prematurely filed motion to correct illegal sentence should be dismissed by a trial court and may be refiled after the direct appeal is final. Phillibert v. State, 768 So. 2d 1171, 1172 (Fla. 2d DCA 2000). In the alternative, a trial court may stay the motion pending the resolution of the direct appeal. Id. Accordingly, we vacate the order of the trial court and remand with instructions either to dismiss Davis’s 3.800(a) moti…

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