SETH D. DISANTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-05-13
No. 5D15-2734
LAWSON C.J., PALMER and EVANDER,'JJ., concur.
190 So. 3d 694 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Seth DiSanto seeks review of the, trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence.' In his motion, DiSanto alleges that the trial court erred in relying on certain predicate convictions to support his adjudication as a habitual felony offender. The State properly concedes that the trial court’s order, which did not include any attachments, should be reversed. See Stewart v. State, 948 So.2d 870, 871 (Fla. 3d DCA 2007). On remand, if the trial court agairt enters ah order summarily denying - DiSanto’s motion, it must attach written portions of the record conclusively refuting DiSanto’s claim,

REVERSED and RÉMANDED for further proceedings. ’

LAWSON C.J., PALMER and EVANDER,'JJ., concur.

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  • Debritton M. Stevenson v. State, 207 So. 3d 266 (Fla. 5th DCA 2016)
    …l because the information did not allege that he actually possessed a firearm. Because the trial court did not attach records to support its conclusion that the minimum mandatory sentence was legal, we are compelled to reverse. See DiSanto v. State, 190 So. 3d 694 (Fla. 5th DCA 2016). On remand, if the trial court again enters an order summarily denying Stevenson’s motion, it must attach written portions of the record that conclusively refute his claim. [*267] REVERSED and REMANDED for further proceedings.…
  • Greene v. State (Fla. 5th DCA 2019)

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