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Johnson v. State

District Court of Appeal of Florida, Second District
Feb 20, 2002
807 So. 2d 775 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D01-5415

Opinion filed February 20, 2002.

Appeal pursuant to Fla.R.App.P. 9.141 from the Circuit Court for Lee County; William J. Nelson, Judge.


Calvin Johnson challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Johnson's sole claim was that his consecutive habitual violent felony offender sentences were illegally imposed in violation of Hale v. State, 630 So.2d 521 (Fla. 1993). Because Johnson failed to allege that his claim could be determined without resort to extra-record facts, his motion is facially insufficient. See Steelman v. State, 801 So.2d 960 (Fla. 2d DCA 2001). We therefore affirm without prejudice to any right Johnson might have to file a facially sufficient claim under rule 3.800(a). See id.

Affirmed.

WHATLEY, J., and DANAHY, PAUL W., SENIOR JUDGE, Concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Second District
Feb 20, 2002
807 So. 2d 775 (Fla. Dist. Ct. App. 2002)
Case details for

Johnson v. State

Case Details

Full title:CALVIN B. JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 20, 2002

Citations

807 So. 2d 775 (Fla. Dist. Ct. App. 2002)

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