Frederick L. Nelson v. State of Florida

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT FREDERICK NELSON, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D23-83 August 11, 2023 Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge. Frederick L. Nelson, pro se. PER CURIAM. 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."). SILBERMAN, LaROSE, and SMITH, JJ., Concur. Opinion subject to revision prior to official publication. 2