JOSHUA NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSHUA NEAL, APPELLANT,
STATE OF FLORIDA, APPELLEE
775 So. 2d 365
Florida District Court of Appeal, Second District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*366] PER CURIAM.
Joshua Neal 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 comment. This affirmance, however, is without prejudice to Neal to raise the alleged improper scoring of a juvenile offense as a claim of ineffective assistance of trial counsel pursuant to rule 3.850 if he is otherwise able to do so. See, e.g., Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987) (noting that counsel’s failure to object to a scoresheet error may constitute ineffective assistance of counsel).
Affirmed.
ALTENBERND, A.C.J., and BLUE and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Belvin Gene Young v. State, 935 So. 2d 1263 (Fla. 2d DCA 2006)…the plea colloquy to its order, and nothing in the record before this court indicates the trial court determined a factual basis existed for Young’s plea. Accordingly, we reverse and remand for reconsideration of Young’s motion. See Nealy v. State, 775 So. 2d 365 (Fla. 2d DCA 2000). On remand, the postconviction court shall either attach those portions of the record that conclusively refute Young’s claim or conduct an evidentiary hearing on the issue. Reversed and remanded. NORTHCUTT and CANADY, JJ., Con…
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Knight v. State, 801 So. 2d 110 (Fla. 2d DCA 2001)…[*111] PER CURIAM. Affirmed without prejudice to Knight’s right to file a timely Florida Rule of Criminal Procedure 3.850 motion. See Neal v. State, 775 So. 2d 365 (Fla. 2d DCA 2000). BLUE, C.J., and GREEN and SILBERMAN, JJ., Concur.…
Authorities Cited
- Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987)