Phillip J. Steinberg v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PHILLIP J. STEINBERG, Appellant, v. Case No. 5D14-3554 STATE OF FLORIDA , Appellee. ________________________________/ Opinion filed April 10, 2015 3.800 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Jr., Judge. Phillip J. Steinberg, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm the trial court’s dismissal of Appellant’s Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence because Appellant’s claim is an attack on the legality of his conviction rather than the legality of his sentence. See State v. Moten, 698 So. 2d 1345, 1346 (Fla. 5th DCA 1997). Our affirmance is without prejudice to Appellant seeking relief pursuant to Florida Rule of Criminal Procedure 3.850. AFFIRMED. TORPY, C.J., EVANDER and EDWARDS, JJ., concur. 2

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