Moss v. State

Full title: British D. Moss, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 21, 2021

317 So. 3d 1240 (Fla. Dist. Ct. App. 2021)

Opinion

No. 3D21-617

04-21-2021

British D. MOSS, Appellant, v. The STATE of Florida, Appellee.

British D. Moss, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

British D. Moss, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, C.J., and LINDSEY and BOKOR, JJ.

PER CURIAM.

Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) (holding that, under Florida Rule of Criminal Procedure 3.800(a), the burden is on the defendant to affirmatively identify those court records which, on their face, demonstrate the existence of an illegal sentence or an entitlement to relief; the State has no burden to establish the defendant is not entitled to relief); Cox v. State, 221 So. 3d 723 (Fla. 3d DCA 2017) (same). See also Burgess v. State, 831 So. 2d 137 (Fla. 2002) (acknowledging that, as a general rule, claims raised in a motion under rule 3.800(a) must be capable of resolution as a matter of law, without an evidentiary determination, and on the face of the existing court records).