Taylor v. State

Full title: MICHAEL TAYLOR, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jan 25, 2002

804 So. 2d 1282 (Fla. Dist. Ct. App. 2002)

Opinion

No. 2D01-4094

Opinion filed January 25, 2002.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Susan W. Roberts, Judge.

PER CURIAM.

Michael Taylor appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Taylor's motion is facially insufficient, we affirm the trial court's order without prejudice to Taylor's right to raise the issue in a rule 3.800(a) motion which meets the pleading requirement ofBain v. State, 784 So.2d 1168 (Fla. 2d DCA 2001), or in a sworn rule 3.850 motion. See Bryant v. State, 787 So.2d 68 (Fla. 2d DCA 2001).

Affirmed.

FULMER, SILBERMAN, and COVINGTON, JJ., Concur.