KENNETH M. ROBINSON
v.
STATE OF FLORIDA
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Kenneth Robinson appeals a trial court's summary denial of his motion to correct an illegal sentence, arguing that certain predicate convictions were improperly used to support a Habitual Felony Offender adjudication. The Fifth District Court of Appeal reversed, holding that Robinson raised a facially sufficient claim for relief and the trial court erred by summarily denying the motion without attaching record portions that refuted his arguments.
The court reversed and remanded the case, holding that when a defendant raises a facially sufficient claim under Rule 3.800(a), the trial court cannot summarily deny the motion without attaching portions of the record that conclusively refute the defendant's arguments. On remand, if the trial court again summarily denies the motion, it must attach record portions that conclusively refute the claim.
[1] When a defendant raises a facially sufficient claim under Florida Rule of Criminal Procedure 3.800(a), a trial court's summary denial must be accompanied by attachments o…
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Join FLexlaw to unlock all legal intelligence“Appellant raised a facially sufficient claim for relief pursuant to Rule 3.800(a). The trial court's summary denial of the claims without attaching any records fails to refute Appellant's arguments.”
Establishes that a facially sufficient claim requires the trial court to provide written record portions refuting it, not just a summary denial.
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Join FLexlaw to unlock all legal intelligenceKenneth Robinson was convicted and sentenced, with the trial court relying on certain predicate convictions to adjudicate him as a Habitual Felony Off…
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November 15, 2024 WALLIS, J.
Appellant, Kenneth M. Robinson, appeals the trial court’s summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant argues on appeal that the trial court erred in relying on certain predicate convictions to support adjudicating him as a Habitual Felony Offender. Appellant raised a facially sufficient claim for relief pursuant to Rule 3.800(a). The trial court’s summary denial of the claims without attaching any records fails to refute Appellant’s arguments. Consequently, we reverse and remand for further proceedings. If the trial court again summarily denies the motion, it shall attach portions of the record that conclusively refute Appellant’s claim. See Fla. R. App. P. 9.141(b)(2)(D); see also Stewart v. State, 948 So. 2d 870, 871 (Fla. 3d DCA 2007) (reversing and remanding summary denial of rule 3.800(a) motion where defendant raised a facially sufficient claim and trial court failed to attach written portions of record conclusively refuting claim).
REVERSED and REMANDED with instructions. EISNAUGLE and HARRIS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.