Marshall v. State

Full title: John MARSHALL, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jul 29, 2005

907 So. 2d 682 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D04-4524.

July 29, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; R. Timothy Peters, Judge.

PER CURIAM.

John Marshall appeals the summary dismissal of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court's order of dismissal because Marshall failed to "affirmatively allege that the court records demonstrate on their face an entitlement to [the] relief" sought. Fla.R.Crim.P. 3.800(a).

FULMER, C.J., and NORTHCUTT and VILLANTI, JJ., Concur.