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British D. MOSS, Appellant, v. The STATE of Florida, Appellee.
Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) (holding that, under Florida Rule of Criminal Procedure 3.800(a), the burden is on the defendant to affirmatively identify those court records which, on their face, demonstrate the existence of an illegal sentence or an entitlement to relief; the State has no burden to establish the defendant is not entitled to relief); Cox v. State, 221 So. 3d 723 (Fla. 3d DCA 2017) (same). See also Burgess v. State, 831 So. 2d 137 (Fla. 2002) (acknowledging that, as a general rule, claims raised in a motion under rule 3.800(a) must be capable of resolution as a matter of law, without an evidentiary determination, and on the face of the existing court records).
PER CURIAM.
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Docket No: No. 3D21-617
Decided: April 21, 2021
Court: District Court of Appeal of Florida, Third 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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