MONTOYA v. STATE

No. 3D06-2136.

943 So.2d 253 (2006)

Andres MONTOYA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 15, 2006.


Attorney(s) appearing for the Case

Andres Montoya, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.


ROTHENBERG, Judge.

The defendant, Andres Montoya ("Montoya"), appeals the trial court's denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. As the current motion, which attacks the legality of the sentence imposed, would be successive if treated as a rule 3.850 motion,1 the trial court, as requested by Montoya, treated the motion as a motion...

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