GILBERT G. TYLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court reversed denial of Rule 3.800(a) motion to correct illegal sentence because postconviction court failed to attach hearing transcript necessary to refute defendant's claims that sentence amendments imposed harsher penalties than contemplated by plea agreement.
A postconviction court denying a Rule 3.800(a) motion to correct illegal sentence must attach to its order portions of the record that conclusively refute the defendant's claims.
[1] A postconviction court denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) must attach to its order portions of the record that…
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Join FLexlaw to unlock all legal intelligence“The burden is on the postconviction court to attach portions of the record refuting the rule 3.800(a) claim.”
Court citing Spears v. State to establish the procedural requirement for postconviction courts denying Rule 3.800(a) motions.
Gilbert G. Tyler entered a plea agreement and received sentences that were subsequently amended by the trial court, which Tyler claimed resulted in ha…
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WALLACE, Judge.
Gilbert G. Tyler appeals the postconviction court’s denial of his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Mr. Tyler claims that amendments made by the trial court to his sentences resulted in the imposition of harsher sentences than were contemplated by his plea agreement or imposed at sentencing. The postconviction court found that the amendments to Mr. Tyler’s sentences merely corrected clerical errors and that his sentences were not increased by the amendments. Accordingly, the postconviction court denied the motion.
The postconviction court’s findings may be correct. Unfortunately, the postconviction court failed to attach to its order a copy of the transcript of the change of plea and sentencing hearing to conclusively refute Mr. Tyler’s claims. Consequently, we are compelled to reverse the postconviction court’s order and remand for further proceedings. See Fla. RApp. P. 9.141(b)(2)(D); Spears v. State, 920 So. 2d 187, 187 (Fla. 2d DCA 2006) (“The burden is on the postconviction court to attach portions of the record refuting the rule 3.800(a) claim.”). If the postconviction court again denies Mr. Tyler’s motion, it shall attach to its order those portions of the record that conclusively refute his claims.
Reversed and remanded.
WHATLEY and SILBERMAN, JJ., concur.
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Citator
Cited By
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Ocelyn ST. CYR v. State, 126 So. 3d 1166 (Fla. 4th DCA 2012)…of the record which conclusively refute the movant’s allegations. See Watson v. State, 51 So. 3d 1204 (Fla. 4th DCA 2011); Smedley v. State, 993 So. 2d 551 (Fla. 1st DCA 2008); Perez-Boza v. State, 943 So. 2d 291 (Fla. 3d DCA 2006); Tyler v. State, 927 So. 2d 194 (Fla. 2d DCA 2006); Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999). The record in this case consists of the foregoing documents, and the sentencing documents are not attached to any of them. We have consistently held that “the state cannot cure…
Authorities Cited
- Martice D. Spears v. State, 920 So. 2d 187 (Fla. 2d DCA 2006)