GARY MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant alleges that he received a sentence totaling 20 years (15 years’ incarceration plus 5 years’ probation) for a second-degree felony, which is above the statutory maximum he could receive for the offense. See § 775.082(3)(c), Fla. Stat. (2008) (a second-degree felony is punishable by up to 15 years’ imprisonment). The trial court denied the claim on the ground that Appellant was sentenced as an habitual felony offender. See § 775.084(4)(a)2., Fla. Stat. (2008) (defendant sentenced as HFO can receive up to 30 years’ imprisonment for a second-degree felony). However, the trial court did not attach any documentation indicating that Appellant was sentenced as an HFO. See, e.g., Corp v. State, 698 So.2d 1349 (Fla. 1st DCA 1997) (“when denying a cognizable 3.800(a) claim, the trial court must attach portions of the record conclusively refuting that claim”). We therefore REVERSE and REMAND for the trial court to either attach documentation conclusively refuting Appellant’s claim or to grant relief.
WEBSTER, LEWIS, and THOMAS, JJ., concur.
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M.M. v. Fla. Dep't OF Child. & Families, 189 So. 3d 134 (Fla. 2016)…the district courts regarding the process by which orders in dependency proceedings are reviewed. Id. at 841 n. 1 (citing J.S. v. Fla. Dep’t of Children & Families, 75 So. 3d 808 (Fla. 1st DCA 2011); S.P. v. Fla. Dep’t of Children & Family Services, 17 So. 3d 878 (Fla. 1st DCA 2009); R.M. v. Dep’t of Children & Families, 19 So. 3d 1029 (Fla. 5th DCA 2009); M.V.-B. v. Dep’t of Children & Family Servs., 19 So. 3d 381 (Fla. 2d DCA 2009); F.E. v. Dep’t of Children & Families, 1 So. 3d 305 (Fla. 3d DCA 2009)). In…
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J.S. v. Fla. Dep't of Child. & Families, 75 So. 3d 808 (Fla. 1st DCA 2011)…e Mother’s motion for reunification was reviewable by certiorari because, although the order finally resolved the issue of custody, it reserved jurisdiction to determine the interrelated issue of visitation. See S.P. v. Dep't of Children & Families, 17 So. 3d 878, 879 (Fla. 1st DCA 2009) (treating appeal of non-final, post-dependency order denying father’s motion for reunification as a petition for certiorari); T.H. v. Dep’t of Children & Families, 736 So. 2d 126, 128 (Fla. 1st DCA 1999) (Webster, J., dissen…
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Dentario White v. State, 72 So. 3d 802 (Fla. 1st DCA 2011)…tion of the record, which conclusively refutes the appellant’s claim. We therefore reverse and remand for the trial court to either attach documentation conclusively refuting the appellant’s claim or to grant him relief. See, e.g., Moore v. State, 17 So. 3d 878 (Fla. 1st DCA 2009) (citing Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997) (‘“when denying a cognizable 3.800(a) claim, the trial court must attach portions of the record conclusively refuting that claim’ ”)). REVERSED AND REMANDED. BENTON,…
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- Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)