Narrative Opinion Summary
Ryan P. Keehn's appeal of the summary denial of his motion to correct an illegal sentence, filed under Florida Rule of Criminal Procedure 3.800(a), has been affirmed due to the motion's facial insufficiency, referencing Williams v. State, 736 So.2d 806 (Fla. 3d DCA 1999). The court's affirmance is without prejudice, allowing Keehn the opportunity to file another motion under rule 3.800, specifically addressing a conviction for the nonexistent crime of attempted first-degree felony murder, as noted in State v. Gray, 654 So.2d 552 (Fla. 1995), should that apply. Judges CAMPBELL, GREEN, and DAVIS concur.
Legal Issues Addressed
Addressing Conviction for Nonexistent Crimesubscribe to see similar legal issues
Application: The appellant may address the issue of a conviction for the nonexistent crime of attempted first-degree felony murder in a subsequent motion, as recognized by precedent.
Reasoning: Allowing Keehn the opportunity to file another motion under rule 3.800, specifically addressing a conviction for the nonexistent crime of attempted first-degree felony murder, as noted in State v. Gray, 654 So.2d 552 (Fla. 1995).
Facial Insufficiency of Motion under Florida Rule of Criminal Procedure 3.800(a)subscribe to see similar legal issues
Application: The court affirmed the denial of the motion to correct an illegal sentence due to its facial insufficiency, indicating that the motion did not adequately present a legal basis for relief.
Reasoning: Ryan P. Keehn's appeal of the summary denial of his motion to correct an illegal sentence, filed under Florida Rule of Criminal Procedure 3.800(a), has been affirmed due to the motion's facial insufficiency.
Opportunity to Refile under Rule 3.800subscribe to see similar legal issues
Application: The court's affirmance was without prejudice, thereby allowing the appellant the opportunity to file a new motion addressing specific legal concerns.
Reasoning: The court's affirmance is without prejudice, allowing Keehn the opportunity to file another motion under rule 3.800, specifically addressing a conviction for the nonexistent crime of attempted first-degree felony murder.