JOHN MARSHALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2005-07-29
No. 2D04-4524
FULMER, C.J., and NORTHCUTT and VILLANTI, JJ., Concur.
907 So. 2d 682 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

John Marshall appeals the summary dismissal 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 of dismissal because Marshall failed to “affirmatively allege[] that the court records demonstrate on their face an entitlement to [the] relief’ sought. Fla. R.Crim. P. 3.800(a).

FULMER, C.J., and NORTHCUTT and VILLANTI, JJ., Concur.


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  • Poole v. State, 935 So. 2d 643 (Fla. 2d DCA 2006)
    …the Department of Corrections and referred to “an error in the order the [sic] was given.” Poole did not affirmatively allege that the court records demonstrate on their face an entitlement to relief. See Fla. R.Crim. P. 3.800(a); Marshall v. State, 907 So. 2d 682 (Fla. 2d DCA 2005); Harper v. State, 905 So. 2d 280 (Fla. 2d DCA 2005). Further, it is unclear what jail credit he claims he did not receive or specifically what entitles him to relief under rule 3.800. Thus, we conclude that his motion is facially…

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