BRIAN KEITH COFFELT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN KEITH COFFELT, APPELLANT,
STATE OF FLORIDA, APPELLEE
905 So. 2d 269
Florida District Court of Appeal, Second District (2005)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Brian Coffelt appeals the circuit court’s denial of his pro se motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). We reverse and remand for the circuit court, under the authority of Lee v. State, 779 So. 2d 341 (Fla. 2d DCA 2000), to strike the pro se motion as unauthorized since Coffelt at the time he filed the rule 3.800(b)(2) motion was and currently still is represented by appointed counsel in the pending direct appeal of the sentence being challenged by the motion.
Reversed and remanded.
WHATLEY, NORTHCUTT, and CASANUEVA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005)…of the initial brief. Although Mr. Bizzell’s initial pro se motion was timely, the trial court, nevertheless, should have stricken it because Mr. Bizzell had counsel at the time. See Logan v. State, 846 So. 2d 472, 479 (Fla.2003); Coffelt v. State, 905 So. 2d 269, 270 (Fla. 2d DCA 2005); Lee v. State, 779 So. 2d 341, 342 n. 2 (Fla. 2d DCA 2000); Rodriguez v. State, 881 So. 2d 671, 673 (Fla. 5th DCA 2004). Compare Lopez v. State, 905 So. 2d 1045, 1047 (Fla. 2d DCA 2005) (exception for filing of pro se rule 3.…
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Innocent Gedehomme v. State, 160 So. 3d 533 (Fla. 2d DCA 2015)…e public defender fee. A rule 3.800(b)(2) motion is the appropriate mechanism to seek relief from the erroneous imposition of costs. Jackson v. State, 983 So. 2d 562, 574 (Fla.2008). The court struck Gedehomme’s motion pursuant to Coffelt v. State, 905 So. 2d 269, 270 (Fla. 2d DCA 2005), concluding that because Gedehomme was counseled when his pro se motion was filed, it must be stricken. This was error because Gede-homme was not counseled for purposes of the motion based on appellate counsel’s filing an And…
Authorities Cited
- LEE v. State, 779 So. 2d 341 (Fla. 2d DCA 2000)