Anfield v. State, 92-04594
| Decision Date | 19 March 1993 |
| Docket Number | No. 92-04594,92-04594 |
| Citation | 615 So.2d 853 |
| Parties | 18 Fla. L. Week. D781 Anthony ANFIELD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Anfield appeals the summary denial of his motion to correct sentence. We reverse and remand for further proceedings.
Anfield claims the four consecutive three-year minimum mandatory sentences imposed pursuant to section 775.087(2), Florida Statutes (1989), constitute an illegal sentence because he did not carry a firearm during the commission of the offenses. If Anfield's claim is true, the sentence is illegal. See Bell v. State, 589 So.2d 1374 (Fla. 1st DCA 1991).
In summarily denying Anfield's motion, the trial court attached a copy of the plea colloquy. The colloquy reflects that Anfield's counsel stipulated to a factual basis for the offenses. However, that transcript is not sufficient to establish conclusively that there was factual information to support the imposition of the minimum mandatory sentences. Cf. Koenig v. State, 597 So.2d 256 (Fla.1992).
Accordingly, we reverse and remand for further proceedings. On remand, the trial court may again deny the relief requested and attach to its order of denial that portion of the record refuting Anfield's claim or conduct an evidentiary hearing.
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Mancino v. State, 97-00583
...J., concur. 1 Ironically, the genesis for our precedent in this area of the law stems from a First District case. See Anfield v. State, 615 So.2d 853 (Fla. 2d DCA 1993) (citing Bell v. State, 589 So.2d 1374 (Fla. 1st DCA 1991), in support of proposition that a three-year minimum mandatory s......
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Stacey v. State, 94-2181
...whether he was carrying a firearm or destructive device. He relies on Koenig v. State, 597 So.2d 256 (Fla.1992) and Anfield v. State, 615 So.2d 853 (Fla. 2d DCA 1993). Koenig, however, involves the withdrawal of a plea based on an inadequate plea colloquy. Stacey has not sought to withdraw ......
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