ANTHONY SIMS
v.
STATE OF FLORIDA

Fla. 4th DCA | 2020-01-15
No. 19-3310
Coleman, J., Taylor, J., Gerber, J., Conner, J.
Florida District Court of Appeal, Fourth District (2020)

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Holding

A Rule 3.801 motion was properly denied, but the appellant may pursue relief under Florida Rule of Criminal Procedure 3.850 if circumstances warrant.


Headnotes

[1] A trial court's denial of a Rule 3.801 motion may be affirmed without prejudice to allow a defendant to pursue relief under Florida Rule of Criminal Procedure 3.850 when…

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Facts & Procedural History

Anthony Sims appealed an order denying his Rule 3.801 motion in a criminal case from Broward County Circuit Court.…

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Opinion of the Court
Conner

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ANTHONY SIMS, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D19-3310

[January 15, 2020]

Appeal of order denying rule 3.801 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas J. Coleman, Judge; L.T. Case No. 16-011202CF10A.

Anthony Sims, Live Oak, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed without prejudice for appellant to seek relief under Florida Rule Criminal Procedure 3.850, if appropriate. See Villar v. State, 110 So. 3d 503 (Fla. 4th DCA 2013).

TAYLOR, GERBER and CONNER, JJ., concur.

* * *


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