PHILLIP J. SHEA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court improperly denied a motion to correct an illegal sentence without explanation or response.
Appellant filed a motion to correct an illegal sentence, raising claims of scoresheet error and improper weapon enhancements. The trial court denied t…
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We summarily reverse the trial court’s order denying appellant’s Rule 8.800(a) motion to correct illegal sentence.
Appellant’s motion raised various claims of scoresheet error and improper weapon enhancements. The court denied the motion without explanation, without a State response, and without any attachments. This was improper. Fleming v. State, 980 So.2d 1110 (Fla. 4th DCA 2008); Matyjasik v. State, 969 So.2d 1142 (Fla. 4th DCA 2007); Sheffield v. State, 903 So.2d 1009, 1011 (Fla. 4th DCA 2005). See also Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007) (summarily reversing the denial of a Rule 3.850 motion under the same circumstances); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007) (same); Anderson v. State, 627 So.2d 1170 (Fla.1993) (requiring a court summarily denying a Rule 3.850 motion to “state its rationale in its decision or attach those specific parts of the record that refute each claim presented”).
Although Rule 3.800(a) does not expressly require a court to attach records, caselaw has required a court to attach the records that refute a facially sufficient claim. See Thompson v. State, 17 So.3d 307 (Fla. 4th DCA 2009). Here, the trial court apparently found the claims sufficient, but provided no explanation for its denial of the motion. Summary reversal is warranted because the State is not permitted to attach records necessary to refute a Rule 3.800(a) claim on appeal. Collins v. State, 805 So.2d 73 (Fla. 4th DCA 2002); Sheffield, 903 So.2d at 1011.
We remand for further proceedings. We express no opinion as to the merits of appellant’s claims, which should be addressed in the first instance by the trial court.
Reversed and Remanded for further proceedings.
DAMOORGIAN, TAYLOR and GERBER, JJ., concur.
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Ceyron Pascoe v. State, 225 So. 3d 344 (Fla. 4th DCA 2017)…rtment of Corrections. Cooper v. State, 186 So. 3d 1115 (Fla. 4th DCA 2016). The trial court summarily denied the legally sufficient motion without explaining or attaching record documents to refute the claim of entitlement to credit. Shea v. State, 97 So. 3d 861, 862 (Fla. 4th DCA 2012) (recognizing that this practice is improper). While the State furnishes the sentencing documents to this Court, it is not permitted to supplement the record on appeal. Vega v. State, 110 So. 3d 965 (Fla. 4th DCA 2013); Run…
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Hagans v. State, 114 So. 3d 418 (Fla. 5th DCA 2013)…e served; alternatively, if Hagans did not clearly waive this right on the record, then he is entitled to the award of such.1 Fla. R.App. P. 9.141(b)(2)(D); Fla. R.App. P. 9.140(i); Foster v. State, 106 So. 3d 6, 7 (Fla. 3d DCA 2013); Shea v. State, 97 So. 3d 861, 862 (Fla. 4th DCA 2012). REVERSED and REMANDED for further proceedings. SAWAYA, PALMER and BERGER, JJ., concur. . The holding in this matter is not inconsistent with our decision in Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012). Jarrett wa…
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Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)
- Dieudonne v. State, 958 So. 2d 516 (Fla. 4th DCA 2007)
- Ramad Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007)
- Sheffield v. State, 903 So. 2d 1009 (Fla. 4th DCA 2005)
- Letterese v. Brody, 980 So. 2d 1110 (Fla. 4th DCA 2008)
- Thompson v. State, 17 So. 3d 307 (Fla. 4th DCA 2009)
- Williams v. State, 969 So. 2d 1142 (Fla. 4th DCA 2007)
- Matyjasik v. State, 969 So. 2d 1142 (Fla. 4th DCA 2007)