David v. State

Full title: LIONEL DAVID, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 28, 2004

863 So. 2d 1282 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-3376.

Opinion filed January 28, 2004.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, David C. Miller, Judge. Lower Tribunal Nos. 92-31954 and 86-5270.

Lionel David, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, RAMIREZ, and WELLS, JJ.

PER CURIAM.

Lionel David appeals an order denying his motion to correct illegal sentence. The trial court denied the motion as insufficient to support relief under Florida Rule of Criminal Procedure 3.800(a) because it raises factual questions. We affirm the denial of the motion without prejudice to any right Appellant might have to file a facially sufficient claim under rule 3.850. See Jackson v. State, 803 So.2d 842, 843 (Fla. 1st DCA 2001), Young v. State, 787 So.2d 259 (Fla. 2d DCA 2001).

Affirmed.