From Casetext: Smarter Legal Research

Barnard v. State

District Court of Appeal of Florida, Second District
Mar 16, 2001
782 So. 2d 458 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-4145.

Opinion filed March 16, 2001.

Appeal pursuant to Fla.R.App.P.9.141(b)(2) from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

Reversed and Remanded.


Thomas E. Barnard timely appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach record documents refuting the motion, we reverse.

In his first claim, Barnard alleged that the trial court erred by reclassifying his kidnapping conviction from a first-degree felony to a life felony when the jury did not make a specific finding regarding the use of a weapon. See Reyes v. State, 676 So.2d 31 (Fla. 2d DCA 1996) (reversing summary denial without attachments of rule 3.800(a) motion alleging improper sentence enhancement in absence of jury finding that defendant possessed firearm). In his second claim, Barnard alleged that the trial court erred by imposing a habitual offender sentence for armed burglary because the conviction was enhanced to a life felony based on the use of a weapon. See, e.g., Nathan v. State, 689 So.2d 1150 (Fla. 2d DCA 1997) (holding that under 1991 version of habitual offender statute, defendant could not receive habitual offender sentence for life felony); Aysisayh v. State, 752 So.2d 667 (Fla. 2d DCA 2000) (reversing summary denial of 3.800(a) relief where defendant claimed improper habitual offender sentence for life felony). Accordingly, we reverse. On remand, the trial court may again deny relief if it attaches the record documents that support this decision.

Blue, A.C.J., and Green and Silberman, JJ., Concur.


Summaries of

Barnard v. State

District Court of Appeal of Florida, Second District
Mar 16, 2001
782 So. 2d 458 (Fla. Dist. Ct. App. 2001)
Case details for

Barnard v. State

Case Details

Full title:THOMAS E. BARNARD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 16, 2001

Citations

782 So. 2d 458 (Fla. Dist. Ct. App. 2001)

Citing Cases

Orta v. State

Because the trial court did not attach any documents to its order, this court cannot determine whether the…