Lopez v. State

Full title: Jose Lopez, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Jul 17, 2024

No. 3D24-0927 (Fla. Dist. Ct. App. Jul. 17, 2024)

Opinion

3D24-0927

07-17-2024

Jose Lopez, Appellant, v. The State of Florida, Appellee.

Jose Lopez, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F94-3193, Michelle Delancy, Judge.

Jose Lopez, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, GORDO and LOBREE, JJ.

PER CURIAM.

Affirmed. See Johnson v. State, 60 So.3d 1045, 1050 (Fla. 2011) ("Under rule 3.800(a), 'the burden [is on] the petitioner to demonstrate an entitlement to relief on the face of the record.' The State accordingly has no burden to establish that the petitioner is not entitled to relief.") (quoting Williams v. State, 957 So.2d 600, 602 (Fla. 2007)); see also Lopez v. State, 2 So.3d 1057, 1059 (Fla. 3d DCA 2009) ("[A] defendant [may not] claim a sentence is illegal based on an alleged discrepancy between an oral pronouncement and a written sentence ... without a transcript of the sentencing hearing or other indisputable evidence of record to support the claim.") (quoting Nielson v. State, 984 So.2d 587, 588 (Fla. 2d DCA 2008)).