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Dalbey v. State

District Court of Appeal of Florida, Fourth District
Jul 11, 2007
962 So. 2d 354 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D07-1189.

July 11, 2007.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert L. Pegg, Judge; L.T. Case No. 312000CF001226A.

Carey Haughwout, Public Defender, West Palm Beach, for appellant.

No appearance required for appellee.


The order denying Appellant's Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded to the trial court with instructions to strike the motion as unauthorized. Ladson v. State, 907 So.2d 1288 (Fla. 2d DCA 2005). In addition, because Appellant is represented by counsel, his attempt to file a pro se appeal in this case was improper. See Kerney v. State, 945 So.2d 657, 658-59 (Fla. 2d DCA 2007).

FARMER, KLEIN and MAY, JJ., concur.


Summaries of

Dalbey v. State

District Court of Appeal of Florida, Fourth District
Jul 11, 2007
962 So. 2d 354 (Fla. Dist. Ct. App. 2007)
Case details for

Dalbey v. State

Case Details

Full title:Scott C. DALBEY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 11, 2007

Citations

962 So. 2d 354 (Fla. Dist. Ct. App. 2007)