CHARMENT BUARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the circuit court erred in denying the motion to correct an illegal sentence without attaching record documents refuting the claims.
Charment Buard sought resentencing under Heggs v. State, arguing his sentences were illegal. The circuit court denied relief, finding no prejudice due…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Guidelines Sentence cases and more on FLexlaw
PER CURIAM.
Charment Buard challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He argues that he is entitled to be resentenced in two cases under the authority of Heggs v. State, 759 So. 2d 620 (Fla.2000). We reverse the circuit court’s order and remand for further proceedings.
In its order, the circuit court determined that Buard did not deserve relief in his 1996 case because he received a habitual offender sentence in that case. However, the circuit court agreed with Buard that his 1997 case had a guidelines sentence and fit within the proper time frame to be considered for Heggs relief.
The circuit court denied Buard relief on his 1997 case. The circuit court explained in its order that Buard was not prejudiced by any difference between the 1995 guidelines and the 1994 guidelines because he had received habitual offender sanctions in the concurrent 1996 case. The circuit court failed to attach any record documents to its order to refute Buard’s claim that his sentences were illegal.
Accordingly, we reverse and remand to the circuit court for further proceedings. We point out that Buard must first exhaust administrative remedies through the Department of Corrections on his claim that resentencing would result in his receiving more gain time. Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000). On remand, if the circuit court should again determine that Buard deserves no relief on this motion, it shall attach those portions of the record that conclusively refute his claims.
Affirmed in part, reversed in part, and remanded.
PARKER, A.C.J., and WHATLEY and SALCINES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)