Hines v. State

Full title: EDRICK LEE HINES, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Feb 28, 2003

838 So. 2d 658 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-4235.

Opinion filed February 28, 2003.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Mark I. Shames, Judge.

COVINGTON, Judge.

Edrick Lee Hines appeals from the summary denial of his motion to correct illegal sentence. Hines claims that his sentence is illegal under this court's decision in Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), which held chapter 99-188, Laws of Florida, unconstitutional. Hines' claim is facially insufficient as he does not claim that his date of offense is within the window created by Taylor, nor does he inform the court of what he was convicted, all things required to create a facially sufficient Taylor claim. We therefore affirm without prejudice to Hines' filing a facially sufficient 3.800(a) motion.

FULMER and KELLY, JJ., Concur.