From Casetext: Smarter Legal Research

Nelson v. State

Florida Court of Appeals, Second District
Aug 11, 2023
No. 2D23-83 (Fla. Dist. Ct. App. Aug. 11, 2023)

Opinion

2D23-83

08-11-2023

FREDERICK NELSON, Appellant, v. STATE OF FLORIDA, Appellee.

Frederick L. Nelson, pro se.


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

Frederick L. Nelson, pro se.

PER CURIAM.

Affirmed. See Fla. R. Crim. P. 3.190 (titled "pretrial motions"); State v. Pasko, 815 So.2d 680, 681 (Fla. 2d DCA 2002) ("The purpose of a motion to dismiss is to allow a pretrial determination of the law of the case when the facts are not in dispute." (emphasis added) (citing Styron v. State, 662 So.2d 965 (Fla. 1st DCA 1995))); State v. Kogan, 190 So.3d 268, 269 (Fla. 5th DCA 2016) ("A rule 3.850 motion is the proper vehicle to attack the factual basis underlying the sentence imposed as the result of a defendant's plea."); Spicer v. State, 898 So.2d 984, 986 (Fla. 5th DCA 2005) ("Defendant raises factual issues concerning the evidence which were waived by his pleas, and his ineffective assistance of counsel claim should have been timely raised in his first 3.850 motion.").

SILBERMAN, LaROSE, and SMITH, JJ., Concur.

Opinion subject to revision prior to official publication.


Summaries of

Nelson v. State

Florida Court of Appeals, Second District
Aug 11, 2023
No. 2D23-83 (Fla. Dist. Ct. App. Aug. 11, 2023)
Case details for

Nelson v. State

Case Details

Full title:FREDERICK NELSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Second District

Date published: Aug 11, 2023

Citations

No. 2D23-83 (Fla. Dist. Ct. App. Aug. 11, 2023)