Opinion
No. 95-4209.
January 24, 1996.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for Broward County; Paul L. Backman, Judge.
Mark Krawic, Zephyrhills, pro se appellant.
No response required for appellee.
We affirm the trial court's summary denial of appellant's Motion to Correct Illegal Sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Such a motion does not contemplate resolution of a factual dispute, and any error must appear from the face of the record. State v. Callaway, 658 So.2d 983 (Fla. 1995). Thus, our affirmance is without prejudice to appellant's filing a timely and properly sworn motion pursuant to Florida Rule of Criminal Procedure 3.850.
GUNTHER, C.J., and POLEN and KLEIN, JJ., concur.