McCluster v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CALVIN MCCLUSTER, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) CASE NO. 2D03-5233 Opinion filed May 14, 2004. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Richard A. Luce, Judge. PER CURIAM. We affirm the order of the trial court without prejudice to any right appellant might have to file a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.800(a), or a timely facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850, raising the claim that the written sentences in counts three and four are illegal because they do not comport with the oral pronouncement. NORTHCUTT, KELLY and VILLANTI, JJ., Concur.

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