THOMAS E. BARNARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of Rule 3.800(a) motion to correct illegal sentence because trial court failed to attach supporting record documents, requiring remand for proper consideration of claims regarding improper kidnapping reclassification and habitual offender enhancement.
A trial court's summary denial of a Rule 3.800(a) motion to correct an illegal sentence must be reversed when the court fails to attach record documents supporting its decision.
[1] Summary denial of a Rule 3.800(a) motion to correct an illegal sentence must be reversed when the trial court fails to attach record documents supporting its decision, an…
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Join FLexlaw to unlock all legal intelligenceBarnard appealed the summary denial of his motion to correct an illegal sentence, claiming the trial court improperly reclassified his kidnapping conv…
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PER CURIAM.
Thomas E. Barnard timely appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach record documents refuting the motion, we reverse.
In his first claim, Barnard alleged that the trial court erred by reclassifying his kidnapping conviction from a first-degree felony to a life felony when the jury did not make a specific finding regarding the use of a weapon. See Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996) (reversing summary denial without attachments of rule 3.800(a) motion alleging improper sentence enhancement in absence of jury finding that defendant possessed firearm). In his second claim, Barnard alleged that the trial court erred by imposing a habitual offender sentence for armed burglary because the conviction was enhanced to a life felony based on the use of a weapon. See, e.g., Nathan v. State, 689 So. 2d 1150 (Fla. 2d DCA 1997) (holding that under 1991 version of habitual offender statute, defendant could not receive habitual offender sentence for life felony); Aysisayh v. State, 752 So. 2d 667 (Fla. 2d DCA 2000) (reversing summary denial of 3.800(a) relief where defendant claimed improper habitual offender sentence for life felony). Accordingly, we reverse. On remand, the trial court may again deny relief if it attaches the record documents that support this decision.
Reversed and remanded.
BLUE, A.C.J., and GREEN and SILBERMAN, JJ., concur.
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Orta v. State, 805 So. 2d 916 (Fla. 2d DCA 2001)…ays of jail time credit. It directed that Orta’s sentence be corrected to reflect 247 days of credit. Because the trial court did not attach any documents to its order, this court cannot determine whether the order was correct. See Barnard v. State, 782 So. 2d 458 (Fla. 2d DCA 2001). Reversed and remanded. BLUE, C.J., and DAVIS and SILBERMAN, JJ., Concur.…
Authorities Cited
- Glisson v. State, 689 So. 2d 1150 (Fla. 5th DCA 1997)
- Nathan v. State, 689 So. 2d 1150 (Fla. 2d DCA 1997)
- Raymundo Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996)
- Waadew Aysisayh v. State, 752 So. 2d 667 (Fla. 2d DCA 2000)