FRITZNER v. STATE

No. 5D03-4067.

864 So.2d 574 (2004)

Joseph FRITZNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 30, 2004.


Attorney(s) appearing for the Case

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...

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