MELVIN THOMAS CINTRON CORA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HALL, Judge.
The appellant, Melvin Thomas Cintron Cora, files a motion to correct illegal sentence. He contends the trial court erred in sentencing him to minimum-mandatory prison terms, where the information showed he did not possess a firearm and where the trial court made no finding of or factual recitation showing possession of a firearm. Cora’s motion was summarily denied by the trial court.
In the present case, Cora has sufficiently alleged prejudice. Because the trial court did not reach the merits of Cora’s motion and since we cannot determine from the appellate record whether Cora’s claim can be refuted, we remand to the circuit court to determine whether section 775.087(2), Florida Statutes (1991), was properly involved in this case. Poiteer v. State, 627 So. 2d 526 (Fla. 2d DCA 1993).
Reversed and remanded with directions.
SCHOONOVER, A.C.J., and BLUE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leath v. State, 805 So. 2d 956 (Fla. 2d DCA 2001)…eath’s claim that the minimum mandatory sentence was imposed illegally in case number 94-4453 because the information in that case did not charge him with possessing a firearm is cognizable in a motion to correct illegal sentence. See Cora v. State, 640 So. 2d 1179, 1180 (Fla. 2d DCA 1994). Therefore, we reverse the summary denial of his motion as to case number 94-4453 and remand for further proceedings. If the trial court again denies the claim, it shall attach those portions of the record that conclusively…
Authorities Cited
- Poiteer v. State, 627 So. 2d 526 (Fla. 2d DCA 1993)