5D03-4067 Joseph Fritzner v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-4067

Case Date: 01/26/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

JOSEPH FRITZNER, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed January 30, 2004 3.800 Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge. Joseph Fritzner, Indiantown, pro se. No Appearance for Appellee. SHARP, W., J. Fritzner appeals from the trial court's summary denial of his amended motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm because Fritzner failed to affirmatively allege that his claim of an illegal sentence can be determined from the face of the record. See McKowen v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002). However, as in McKowen, our affirmance is without prejudice to Fritzner to file a facially sufficient motion pursuant to rule 3.800(a). AFFIRMED. CASE NO. 5D03-4067

SAWAYA, CJ., and PLEUS, J., concur.

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