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Cox v. State

District Court of Appeal of Florida, Second District
Nov 30, 2005
914 So. 2d 1073 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D05-2469.

November 30, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Collier County; Cynthia A. Ellis, Judge.


David Allen Cox appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Cox raised four claims for relief. We affirm without comment as to the denial of all but one of Cox's claims. As to Cox's claim that the trial court erroneously utilized the 1.5 domestic violence multiplier on the criminal punishment code scoresheet, we affirm without prejudice to any right Cox may have to raise his claim of scoresheet error or to seek to withdraw his plea in a timely, facially sufficient motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Romero v. State, 805 So.2d 92 (Fla. 2d DCA 2002).

Affirmed.

STRINGER, SILBERMAN, and CANADY, JJ., Concur.


Summaries of

Cox v. State

District Court of Appeal of Florida, Second District
Nov 30, 2005
914 So. 2d 1073 (Fla. Dist. Ct. App. 2005)
Case details for

Cox v. State

Case Details

Full title:David Allen COX, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 30, 2005

Citations

914 So. 2d 1073 (Fla. Dist. Ct. App. 2005)