KYLE GULLO
v.
STATE OF FLORIDA
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A postconviction motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) may be denied without prejudice to the defendant filing a legally sufficient motion if he can do so in good faith.
[1] A postconviction motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) may be denied without prejudice to the defendant filing a legally…
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Join FLexlaw to unlock all legal intelligenceKyle Gullo appealed the circuit court's denial of his Rule 3.800(a) motion to correct an illegal sentence in a criminal case from Volusia County.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
KYLE GULLO, Appellant, v. Case No. 5D22-573 LT Case No. 2015-303217-CFDB STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 13, 2022 3.800 Appeal from the Circuit Court for Volusia County, Leah R. Case, Judge. Brett Kocijan and O. H. Eaton, Jr., of Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Ashley Moody, Attorney General, Tallahassee, Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2 We affirm the postconviction court’s order denying Appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence, but we do so without prejudice to Appellant filing a legally sufficient motion under this rule, if he can do so in good faith.1
AFFIRMED.
LAMBERT, C.J., COHEN and NARDELLA, JJ., concur. 1 We take no present position as to the merits of Appellant’s claim.