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Frederick NELSON, Appellant, v. STATE of Florida, Appellee.
Affirmed. See Fla. R. Crim. P. 3.190 (titled “pretrial motions”); State v. Pasko, 815 So. 2d 680, 681 (Fla. 2d DCA 2002) (“The purpose of a motion to dismiss is to allow a pretrial determination of the law of the case when the facts are not in dispute.” (emphasis added) (citing Styron v. State, 662 So. 2d 965 (Fla. 1st DCA 1995))); State v. Kogan, 190 So. 3d 268, 269 (Fla. 5th DCA 2016) (“A rule 3.850 motion is the proper vehicle to attack the factual basis underlying the sentence imposed as the result of a defendant's plea.”); Spicer v. State, 898 So. 2d 984, 986 (Fla. 5th DCA 2005) (“Defendant raises factual issues concerning the evidence which were waived by his pleas, and his ineffective assistance of counsel claim should have been timely raised in his first 3.850 motion.”).
PER CURIAM.
SILBERMAN, LaROSE, and SMITH, JJ., Concur.
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Docket No: No. 2D23-83
Decided: August 11, 2023
Court: District Court of Appeal of Florida, Second District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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