TYRONE TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TYRONE TERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
787 So. 2d 33
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BLUE, Judge.
Tyrone Terry appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Terry alleged that he is entitled to resentencing under the supreme court’s decision in Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court’s order is not responsive to the motion and has no attachments from the record.
Accordingly, we reverse the denial and remand for further proceedings.
PATTERSON, C.J., and FULMER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA 2002)…sentenced pursuant to Smith v. State, 537 So. 2d 982 (Fla.1989). The trial court’s order is not responsive to Crawford’s motion and has no attachments. We accordingly reverse and remand for reconsideration of Crawford’s motion. See Terry v. State, 787 So. 2d 33 (Fla. 2d DCA 2001) (reversing summary denial of rule 3.800(a) motion because trial court’s order was not responsive to motion and had no attachments). If the trial court again determines that summary denial is proper, it must set forth its rationale…
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Haitham Saleh Suleiman v. State, 861 So. 2d 1175 (Fla. 2d DCA 2003)…uleiman’s motion without any explanation or record attachments. Accordingly, we reverse and remand for reconsideration of [*1176] Suleiman’s. motion. See Fla. R.Crim. P. 3.850(d); Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA 2002); Terry v. State, 787 So. 2d 33 (Fla. 2d DCA 2001). If the trial court again summarily denies the motion, it must set forth its rationale and attach any relevant portions of the record which support the denial. Reversed and remanded. KELLY, J., concurs. FULMER, J., concurs s…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)