Marusak v State

Full title: Eric Marusak, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, Second District

Date published: Aug 30, 2000

26 Fla. L. Weekly Fed. D 2227 (Fla. Dist. Ct. App. 2000)

26 Fla. L. Weekly Fed. D 2227

Opinion

789 So.2d 1015 (Fla.App. 2 Dist. 2000) 26 Fla. L. Weekly D 2227 Eric Marusak, Appellant, v. State of Florida, Appellee. No. 2D00-1091 Florida Court of Appeals, Second District. August 30, 2000

       Rehearing Denied Sept. 26, 2000.

       Appeal pursuant to Fla. R.App. P. 9.14(i) from the Circuit Court for Pasco County; Craig C. Villanti, Judge.

       PER CURIAM

       Eric Marusak appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's order without discussion. However, there may be a problem with the legality of Marusak's conviction which is not refuted by the limited record before this court. See Santiago v. State, 731 So.2d 787 (Fla. 1st DCA 1999) (holding a new version of section 322.34 did not apply retroactively to a defendant who committed his offense prior to the statute's effective date). Therefore, this affirmance is without prejudice to the filing by Marusak of a motion to correct illegal sentence or petition for writ of habeas corpus if it appears that his conviction for felony driving while license suspended is in error. See Hopping v. State, 708 So.2d 263 (Fla. 1998); Thorp v. Smith, 64 Fla. 154, 59 So.2d 193 (1912); Richardson v. Moore, 754 So.2d 64 (Fla. 3d DCA 200).

       Affirmed.

       Northcutt, A.C.J., a nd Casanueva and Salcines, JJ., concur.