Johnson v. State, 807 So. 2d 775

SALCINES, 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.

Case Details

Case Name: Johnson v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 20, 2002

Citations: 807 So. 2d 775; 2002 WL 236309; 2002 Fla. App. LEXIS 1756; No. 2D01-5415

Docket Number: No. 2D01-5415

Court Abbreviation: Fla. Dist. Ct. App.