LOPEZ v. STATE (2024)

District Court of Appeal of Florida, Third District.

Jose LOPEZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D24-0927

Decided: July 17, 2024

Before EMAS, GORDO and LOBREE, JJ.

Jose Lopez, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed. See Johnson v. State, 60 So. 3d 1045, 1050 (Fla. 2011) (“Under rule 3.800(a), ‘the burden [is on] the petitioner to demonstrate an entitlement to relief on the face of the record.’ The State accordingly has no burden to establish that the petitioner is not entitled to relief.”) (quoting Williams v. State, 957 So. 2d 600, 602 (Fla. 2007)); see also Lopez v. State, 2 So. 3d 1057, 1059 (Fla. 3d DCA 2009) (“[A] defendant [may not] claim a sentence is illegal based on an alleged discrepancy between an oral pronouncement and a written sentence ․ without a transcript of the sentencing hearing or other indisputable evidence of record to support the claim.”) (quoting Nielson v. State, 984 So. 2d 587, 588 (Fla. 2d DCA 2008)).

PER CURIAM.

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