DONALD THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-01-29
No. 91-04194
SCHOONOVER, C.J., and THREADGILL and ALTENBERND, JJ., concur.
592 So. 2d 381 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 3 cases
Topics
Statutory Maximum Sentence Florida Rule Of Criminal Procedure 3.800(A) Habitual Offender Sentencing Motion To Correct Illegal Sentence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Donald Thompson appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion without attaching portions of the record to refute the allegations. We reverse.

Appellant claims his forty-year sentence as a habitual offender is illegal as exceeding the statutory maximum. Although the findings in the trial court’s order appear to fully substantiate the denial, the trial court failed to attach to its order portions of the record supporting the denial.

Accordingly, the trial court’s order is reversed and the case is remanded for further proceedings. On remand, the trial court should attach those portions of the records and files refuting appellant’s allegations. Any party aggrieved by the subsequent action of the trial court shall file a notice of appeal within thirty days.

Reversed and remanded.

SCHOONOVER, C.J., and THREADGILL and ALTENBERND, JJ., concur.

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Citator

Cited By

  • Browning v. State, 625 So. 2d 960 (Fla. 5th DCA 1993)
    …are quashed and the case remanded for re-sentencing within the presumptive guideline sentence. At the resentencing, the trial court may not enunciate new reasons for a departure sentence. Shull v. Dugger, 515 So. 2d 748 (Fla.1987); Rivero v. State, 592 So. 2d 381 (Fla. 5th DCA 1992); Clifton v. State, 608 So. 2d 890, 891 (Fla. 4th DCA 1992). REVERSED and REMANDED for resen-tencing. HARRIS, C.J., and GOSHORN, J., concur. . Section 784.07 Fla.Stat. (1991). Counts I, II, & III. . Section 843.01 Fla.Stat. (1…
  • Kopko v. State, 638 So. 2d 529 (Fla. 5th DCA 1994)
    …ive but to vacate the sentence appealed and remand for resentenc-ing pursuant to the guidelines. Fla. R.Crim.P. 3.701(d)(ll). Pope v. State, 561 So. 2d 554 (Fla.1990); Wright v. State, 617 So. 2d 837, 840-41 (Fla. 4th DCA 1993); see Rivero v. State, 592 So. 2d 381 (Fla. 5th DCA 1992); Rodwell v. State, 588 So. 2d 19 (Fla. 5th DCA 1991), review denied, 599 So. 2d 657 (1992). Sentence VACATED; REMANDED. DIAMANTIS and THOMPSON, JJ., concur. . Kopko v. State, 577 So. 2d 956 (Fla. 5th DCA 1991), quashed, 596 So…
  • Rias v. State, 653 So. 2d 495 (Fla. 5th DCA 1995)
    …e invalid, we reverse and remand for resentencing. At resentencing, the trial court shall impose a guidelines sentence. The trial court shall not give new reasons for a departure sentence. Shull v. Dugger, 515 So. 2d 748 (Fla.1987); Rivero v. State, 592 So. 2d 381 (Fla. 5th DCA 1992). CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING. PETERSON and GRIFFIN, JJ., concur. . § 784.07, Fla.Stat. (1993). . § 784.03(2), Fla.Stat. (1993). .§ 784.07(2)(b), Fla.Stat. (1993).…

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