JOHN GAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellant challenges the denial of his motion to correct illegal sentence filed pursuant to rule 3.800(a). We reverse and remand.
The appellant alleges that his life sentence for attempted capital sexual battery exceeds the statutory maximum of thirty *1138years’ imprisonment that may be imposed for that offense. §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), .Fla. Stat. (1989). The trial court failed to attach any portion of the record refuting the appellant’s claim or demonstrating why a life sentence for attempted capital sexual battery is legal. Accordingly, we reverse and remand for the trial court to attach portions of the record refuting appellant’s claim or to grant relief.
REVERSED and REMANDED for further proceedings consistent with this opinion.
ROBERTS, C.J., SWANSON, and KELSEY, JJ., concur.
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GAY v. State, 217 So. 3d 1191 (Fla. 1st DCA 2017)…pellant’s claim or demonstrating why a life sentence for attempted capital sexual battery is legal. Accordingly, we reverse and remand for the trial court to attach portions of the record refuting appellant’s claim or to grant relief. Gay v. State, 186 So. 3d 1137, 1138 (Fla. 1st DCA2016). On remand, the trial court denied Appellant’s motion, holding that the life sentence for attempted capital sexual battery is legal because it was an upward departure sentence based on the fact that the sentencing guideline…