ORLANDO GONZALEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ORLANDO GONZALEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
805 So. 2d 971
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
WHATLEY, Acting Chief Judge.
Orlando Gonzalez timely appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He seeks resentencing in accordance with Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court failed to attach copies of the 1994 and 1995 sentencing guidelines. See Howell v. State, 793 So. 2d 26 (Fla. 2d DCA 2001). According to the calculations that Gonzalez attached to his initial brief, he may be entitled to relief. We reverse and remand. If the trial court again summarily denies the motion, it must attach documents that conclusively refute Gonzalez’s allegations.
Reversed and remanded.
GREEN and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brimage v. State, 937 So. 2d 230 (Fla. 3d DCA 2006)…n of his appeal, but the defendant was not notified until the time for filing a Rule 3.850 motion had expired. It appears that the Second District has allowed a belated appeal under circumstances like those of the present case. See Miller v. State, 805 So. 2d 971 (Fla. 2d DCA 2001) (“Because of the erroneous information provided to Miller concerning the status of his convictions and the resultant confusion, we believe that it is appropriate under these extraordinary circumstances to permit Miller to file a b…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Howell v. State, 793 So. 2d 26 (Fla. 2d DCA 2001)