ERIC L. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of an order denying his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant claims that his prior record should not have been scored on his Criminal Punishment Code scoresheet because he was released from incarceration on the prior offenses more than ten years before he committed the current offenses. The 3.800(a) motion does not allege that the face of the record demonstrates that he is entitled to relief and appellant did not identify where in the record information showing his entitlement to relief could be found. See Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002); Skullestad v. State, 790 So. 2d 516 (Fla. 4th DCA 2001). In addition, the state and appellant disagree about when he was released from supervision, and resolution of this claim would require an evidentiary hearing. See Maynard v. State, 763 So. 2d 480 (Fla. 4th DCA 2000); Black v. State, 754 So. 2d 792 (Fla. 4th DCA 2000).
Accordingly, we affirm the circuit court’s order without prejudice for appellant to file a rule 3.850 motion.
FARMER, C.J., STONE and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hathcock v. State, 930 So. 2d 832 (Fla. 4th DCA 2006)…PER CURIAM. We affirm the circuit court’s orders without prejudice for appellant to file a legally sufficient rule 3.800(a) motion or a rule 3.850 motion if the resolution of this case would require an evidentiary hearing. See Williams v. State, 899 So. 2d 451 (Fla. 4th DCA 2005); Boatwright v. State, 859 So. 2d 539 (Fla. 4th DCA 2003); Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002). FARMER, SHAHOOD and MAY, JJ., concur.…
Authorities Cited
- Skullestad v. State, 790 So. 2d 516 (Fla. 4th DCA 2001)
- Maynard v. State, 763 So. 2d 480 (Fla. 4th DCA 2000)
- Ross v. State, 807 So. 2d 725 (Fla. 3d DCA 2002)
- Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002)
- Shontelle M. Black v. State, 754 So. 2d 792 (Fla. 4th DCA 2000)
- Jones v. State, 754 So. 2d 792 (Fla. 1st DCA 2000)