JACKIE FANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed denial of motion to correct illegal sentence because trial court failed to attach record portions necessary to refute facially sufficient allegations.
When a motion to correct an illegal sentence states facially sufficient allegations, the trial court must attach portions of the record to its order denying the motion to refute those allegations.
[1] When a defendant files a facially sufficient motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), the trial court must attach portions…
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Join FLexlaw to unlock all legal intelligenceAppellant Fann filed a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), alleging that sanctions imposed were u…
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PER CURIAM.
Appellant, Jackie Fann, appeals an order denying his motion to correct an illegal sen tence, pursuant to Florida Rule of Criminal Procedure 3.800(a).
The allegations of the motion state a facially sufficient basis for entitlement to relief. Although the order denying appellant’s motion states that appellant’s plea agreement demonstrates that the sanctions imposed in this case were authorized by law, the trial court did not attach any portion of the record to the order. This court has held that the trial court must attach portions of the record sufficient to refute the allegations of a facially sufficient motion to correct illegal sentence. Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994); Jones v. State, 635 So. 2d 41 (Fla. 1st DCA 1994); Small v. State, 535 So. 2d 622 (Fla. 1st DCA 1988).
See also Haggerty v. State, 632 So. 2d 668 (Fla. 4th DCA 1994); Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993); Young v. State, 619 So. 2d 378 (Fla. 2d DCA 1993).
Accordingly, the order denying appellant’s rule 3.800(a) motion to correct illegal sentence is reversed and remanded for further proceedings. If the court again decides to deny the motion, the exhibits relied upon to refute appellant’s claims should be attached to the order. ERVIN, JOANOS and KAHN, JJ., concur.
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Citator
Cited By
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Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)…of the record conclusively refuting that claim. Ducharme v. State, 690 So. 2d 1358 (Fla. 2d DCA 1997); Vigil v. [*1350] State, 684 So. 2d 847 (Fla. 1st DCA 1996); Baldwin, supra; Anderson v. State, 679 So. 2d 880 (Fla. 1st DCA 1996); Fann v. State, 647 So. 2d 150 (Fla. 1st DCA 1994); Master v. State, 637 So. 2d 268 (Fla. 1st DCA 1994). Without such attachments, the appellate court is often precluded from conducting meaningful review. In this case, if appellant entered a negotiated plea bargain for the speci…
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Anderson v. State, 679 So. 2d 880 (Fla. 1st DCA 1996)…2d 29 (Fla. 1st DCA 1996). Whether the claim has merit should be easily ascertainable from an examination of the trial court record, but the trial court did not attach relevant portions of the trial record as required by cases such as Fann v. State, 647 So. 2d 150 (Fla. 1st DCA 1994). Accordingly, the order is reversed and the case is remanded. MINER, ALLEN and LAWRENCE, JJ., concur.…
Authorities Cited
- Am. Sightseeing Tours, Inc. v. Gerda Jackson, 634 So. 2d 175 (Fla. 3d DCA 1994)
- Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)
- Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993)
- Loring Spencer Jones v. State, 635 So. 2d 41 (Fla. 1st DCA 1994)
- Haggerty v. State, 632 So. 2d 668 (Fla. 4th DCA 1994)
- State v. Brown, 619 So. 2d 378 (Fla. 2d DCA 1993)
- Small v. State, 535 So. 2d 622 (Fla. 1st DCA 1988)