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Phillip J. STEINBERG, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2015-04-10No. No. 5D14-3554
160 So. 3d 950

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Opinion

majority opinion

PER CURIAM.

We affirm the trial court’s dismissal of Appellant’s Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence because Appellant’s claim is an attack on the legality of his conviction rather than the legality of his sentence. See State v. Moten, 698 So.2d 1345, 1346 (Fla. 5th DCA 1997). Our affirmance is without prejudice to Appellant seeking relief pursuant to Florida Rule of Criminal Procedure 3.850. AFFIRMED.

TORPY, C.J., EVANDER and EDWARDS, JJ., concur.