Fann v. State, 93-3039
| Decision Date | 25 May 1994 |
| Docket Number | No. 93-3039,93-3039 |
| Citation | 647 So.2d 150 |
| Parties | 19 Fla. L. Weekly D1148 Jackie FANN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jackie Fann, pro se.
No appearance for appellee.
Appellant, Jackie Fann, appeals an order denying his motion to correct an illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a). The allegations of the motion state a facially sufficient basis for entitlement to relief. Although the order denying appellant's motion states that appellant's plea agreement demonstrates that the sanctions imposed in this case were authorized by law, the trial court did not attach any portion of the record to the order. This court has held that the trial court must attach portions of the record sufficient to refute the allegations of a facially sufficient motion to correct illegal sentence. Thomas v. State, 634 So.2d 175 (Fla. 1st DCA 1994); Jones v. State, 635 So.2d 41 (Fla. 1st DCA 1994); Small v. State, 535 So.2d 622 (Fla. 1st DCA 1988). See also Haggerty v. State, 632 So.2d 668 (Fla. 4th DCA 1994); Bunch v. State, 622 So.2d 525 (Fla. 5th DCA 1993); Young v. State, 619 So.2d 378 (Fla. 2d DCA 1993).
Accordingly, the order denying appellant's rule 3.800(a) motion to correct illegal sentence is reversed and remanded for further proceedings. If the court again decides to deny the motion, the exhibits relied upon to refute appellant's claims should be attached to the order.
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Corp v. State
...Vigil v. State, 684 So.2d 847 (Fla. 1st DCA 1996); Baldwin, supra; Anderson v. State, 679 So.2d 880 (Fla. 1st DCA 1996); Fann v. State, 647 So.2d 150 (Fla. 1st DCA 1994); Master v. State, 637 So.2d 268 (Fla. 1st DCA 1994). Without such attachments, the appellate court is often precluded fro......
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Anderson v. State, 95-4589
...court record, but the trial court did not attach relevant portions of the trial record as required by cases such as Fann v. State, 647 So.2d 150 (Fla. 1st DCA 1994). Accordingly, the order is reversed and the case is MINER, ALLEN and LAWRENCE, JJ., concur. ...