LEE BEAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lee Bean appeals the summary denial of his motion to correct an illegal sentence imposed in 1992 under Florida's habitual felony offender statute. The court affirms the denial of two claims but reverses and remands on Bean's second claim, which challenges a 50-year sentence for a burglary offense that should have been enhanced to a life felony.
The court affirms the denial of claims 1 and 3, which Bean conceded were meritless. However, the court reverses and remands on claim 2, holding that Bean correctly alleged an illegal sentence because section 810.02(2) is a first-degree felony that must be enhanced to a life felony under section 775.087(1)(a), and life felonies were not subject to habitualization. The trial court erred in denying the motion without attaching record portions refuting the claim.
[1] A trial court's failure to attach record attachments refuting a legally sufficient motion to correct an illegal sentence constitutes reversible error.
[2] A defendant's failure to attach required sentencing records to a motion to correct an illegal sentence does not preclude relief when the trial court fails to attach its o…
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Join FLexlaw to unlock all legal intelligence“In denying a legally sufficient 3.800(a) motion, the trial court's failure to attach portions of the record refuting the defendant's claim is reversible error, and the state cannot cure this error by providing the records to this court on appeal.”
Establishes that the trial court erred by not attaching sentencing records to refute Bean's legal claims in the motion decision.
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Join FLexlaw to unlock all legal intelligenceIn 1992, Bean was sentenced as a habitual felony offender to 50 years for burglary of a dwelling with assault or battery while armed (section 810.02(2…
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PER CURIAM.
Lee Bean appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. In his motion, Bean raised three claims for relief, challenging several habitual felony offender sentences imposed pursuant to a plea in 1992. The circuit court did not attach any records to refute Bean’s claims. Bean now concedes he is not entitled to all the relief originally sought — specifically, with respect to claims 1 and 3. We therefore deem these claims abandoned and affirm their denial. However, we reverse and remand for the trial court to refute the appellant’s second claim with appropriate record attachments or to correct appellant’s sentence if appropriate.
In his second claim, Bean alleged that his sentence of fifty years as a habitual felony offender for burglary of a dwelling with assault or battery (in case no. 91-4784) while armed is illegal. Bean correctly alleged that a violation of section 810.02(2), Florida Statutes (1991) is a first degree felony, which the trial court was obliged to enhance to a life felony pursuant to section 775.087(l)(a) (use of a weapon), and that, at the time of the offense, life felonies were not subject to habitualization. See Thomas v. State, 831 So. 2d 762 (Fla. 4th DCA 2002). The state agrees this claim is cognizable, but contends that Bean is not entitled to relief because he failed to attach the required sentencing records to his motion.
We reject this argument. In denying a legally sufficient 3.800(a) motion, the trial court’s failure to attach portions of the record refuting the defendant’s claim is reversible error, and the state cannot cure this error by providing the records to this court on appeal. Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002).
Finally, the state suggests that the doctrine of laches should apply, noting that Bean filed the instant motion approximately fourteen years after he was sentenced. Laches is sustainable in a criminal case where there has been both a lack of due diligence on the defendant’s part in bringing forth the claim and prejudice to the state. Wright v. State, 711 So. 2d 66 (Fla. 3d DCA 1998). While Bean offers no explanation for his delay in bringing the claim, there is no apparent prejudice to the state. Cf. Wright (“[t]he prejudice to the State is likewise apparent as court transcripts are routinely destroyed after 10 years and the State now has no transcript in existence to refute, or prove, Wright’s claim”).
Furthermore, a claim of illegal sentence is one that can be raised at any time. See Fla. R.Crim. P. 3.800(a).
Affirmed in part, reversed in part, and remanded.
POLEN, KLEIN and SHAHOOD, JJ., concur.
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Jon Barri Bros. v. State, 959 So. 2d 1260 (Fla. 3d DCA 2007)…itional five days granted resolves his claim in full.1 On appeal, this court must reverse unless the records attached to the lower court’s order conclusively demonstrate that the defendant is not entitled to the requested relief. See Bean v. State, 949 So. 2d 1207, 1208 (Fla. 4th DCA 2007) (“In denying a legally sufficient 3.800(a) motion, the trial court’s failure to attach portions of the record refuting the defendant’s claim is reversible error, and the state cannot cure this error by providing the records…
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Torres v. State, 963 So. 2d 983 (Fla. 4th DCA 2007)…order that summarily denied his rule 3.800(a) motion. The circuit court did not attach any records to refute Torres’s claims. We reverse and remand with respect to Torres’s claim of illegal sentence associated with L.T. 02-11680. See Bean v. State, 949 So. 2d 1207 (Fla. 4th DCA 2007). The state cannot cure this error by providing the records to this court on appeal. Id. at 1209. WARNER, POLEN and TAYLOR, JJ., concur.…
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Myers v. State, 4 So. 3d 1267 (Fla. 5th DCA 2009)…ncedes that the denial order must be reversed with directions that the trial court either correct Myers’ sentences or attach to its denial order portions of the record which demonstrate that Myers is not entitled to relief. See, e.g., Bean v. State, 949 So. 2d 1207, 1208 (Fla. 4th DCA 2007) (“In denying a legally sufficient 3.800(a) motion, the trial court’s failure to attach portions of the record refuting the defendant’s claim is reversible error, and the state cannot cure this error by providing the records…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)
- Wright v. State, 711 So. 2d 66 (Fla. 3d DCA 1998)
- Washington Louis v. State, 831 So. 2d 762 (Fla. 4th DCA 2002)