Froncek 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 EDWARD FRONCEK, ) ) Petitioner, ) ) v. ) ) STATE OF FLORIDA, ) ) Respondent. ) _____________________________________ ) Case No. 2D04-2004 Opinion filed November 5, 2004. Petition for Writ of Certiorari to the Circuit Court for Pasco County; Michael F. Andrews, Judge. Edward Froncek, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Respondent. NORTHCUTT, Judge. In this certiorari proceeding, Edward Froncek challenges the circuit court's denial of his motion to mitigate sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We deny the petition for writ of certiorari. See Brantley v. Holloway, 685 So. 2d 31 (Fla. 2d DCA 1996). Because Froncek's motion also alluded to a scoresheet error, our disposition is without prejudice to Froncek's right to raise the issue in a motion filed under Florida Rules of Criminal Procedure 3.800(a) or 3.850. Petition for certiorari denied. STRINGER, J., and DANAHY, PAUL W., SENIOR JUDGE, Concur.