4D08-2042-McFadden v. State

State: Florida

Court: Florida Fourth District Court

Docket No: 4D08-2042

Case Date: 07/02/2008

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2008

ROBERT McFADDEN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-2042 [ July 2, 2008 ] PER CURIAM. We affirm the trial court order summarily denying appellant's motion to correct illegal sentence, without prejudice to his right to file a timely and verified motion for post conviction relief challenging the voluntariness of his plea, and/or alleging ineffective assistance of his counsel regarding his waiver of additional credit for time served in the drug farm if imposed and served as part of his sentence after his original conviction. See Hamilton v. State, 898 So. 2d 172, 174 (Fla. 4th DCA 2005) (citing Young v. State, 754 So. 2d 128 (Fla. 2d DCA 2000)) (Polen, J., concurring). STONE, HAZOURI and MAY, JJ., concur. * * *

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Lucy Chernow Brown, Judge; L.T. Case Nos. 2005CF004686AXX, 2005CF007216AXX and 2005CF012722AXX. Robert McFadden, Punta Gorda, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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