Summary
requiring trial court to attach records explaining why Rule 3.800 claim lacked merit
Summary of this case from Greene v. StateOpinion
No. 5D15–2734.
05-13-2016
Seth D. DiSANTO, Appellant, v. STATE of Florida, Appellee.
Seth D. DiSanto, Florida City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Daytona Beach, for Appellee.
Seth D. DiSanto, Florida City, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Daytona Beach, for Appellee.
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 again enters an order summarily denying DiSanto's motion, it must attach written portions of the record conclusively refuting DiSanto's claim.
REVERSED and REMANDED for further proceedings.
LAWSON, C.J., PALMER and EVANDER, JJ., concur.