DAVID BRYAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID BRYAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
783 So. 2d 1107
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
David Bryan appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order denying Bryan relief without prejudice to any right Bryan might have to file a timely, facially sufficient motion for postconviction relief pursuant to rule 3.850. Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc).
Affirmed.
ALTENBERND, A.C.J., and WHATLEY and NORTHCUTT, JJ., concur.
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Gonzalez v. State, 826 So. 2d 410 (Fla. 2d DCA 2002)…thdraw his plea. Gonzalez’s original 3.850 motion was summarily denied by the trial court as untimely. However, this court reversed the summary denial and remanded the case for the trial court to address the motion on its merits. Gonzalez v. State, 783 So. 2d 1107 (Fla. 2d DCA 2001). At the evidentiary hearing upon remand, Gonzalez testified that he entered his plea with the understanding that he was to receive a downward departure sentence capped at fifteen years in prison. Gonzalez further testified that he…
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