Opinion
No. 2D01-325.
Opinion filed October 19, 2001.
Appeal from the Circuit Court for Lakeland, Florida, Robert J. Krauss, Sr. Assistant Attorney General.
BY ORDER OF THE COURT:
Having considered the appellant's motion for rehearing, the motion is granted, the prior opinion filed May 4, 2001, is withdrawn, and the attached opinion is substituted therefor.
I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.
Mark A. Kalina appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion finding that the claim was not cognizable in a rule 3.800(a) motion. Although we disagree with the trial court's finding, having reviewed the motion on its merits, we conclude that Kalina is not entitled to relief.
Affirmed.
GREEN and DAVIS, JJ., Concur.