JUAN J. BERNAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JUAN J. BERNAL, APPELLANT,
STATE OF FLORIDA, APPELLEE
892 So. 2d 1086
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FULMER, Judge.
Juan J. Bernal appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Proce dure 3.800(a). We reverse and remand to the trial court.
In its order denying Juan J. Bernal’s motion, the trial court inadvertently relied on a previous motion filed by Bernal’s brother, Johnny Bernal. Therefore, Juan J. Bernal’s motion was never addressed on the merits. Accordingly, we reverse the order of the trial court and remand for the trial court to rule on the merits of Juan J. Bernal’s motion.
Reverse and remanded.
ALTENBERND, C.J., and CASANUEVA, J., concur.
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Good v. State, 936 So. 2d 1224 (Fla. 2d DCA 2006)…earing but to no avail. The postconviction court denied the motion for rehearing. Good has filed a facially sufficient motion, and the postconviction court must consider it. See Bailey v. State, 911 So. 2d 1293 (Fla. 2d DCA 2005); Bernal v. State, 892 So. 2d 1086 (Fla. 2d DCA 2004). Accordingly, we reverse the denial of Good’s motion and remand for the postconviction court to consider the motion on the merits. Reversed and remanded. CASANUEVA and WALLACE, JJ., Concur.…