Dattoma v. State

District Court of Appeal of Florida

Dattoma v. State

826 So. 2d 411, 2002 Fla. App. LEXIS 10679, 2002 WL 1723982

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 2002

DocketNo. 2D02-1511

StatusPublished

This text of 826 So. 2d 411 (Dattoma v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dattoma v. State, 826 So. 2d 411, 2002 Fla. App. LEXIS 10679, 2002 WL 1723982 (Fla. Ct. App. 2002).

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Opinion

GREEN, Judge.

Bruce Dattoma appeals the summary-denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion stating that Datto-ma’s sentence expired on June 29, 2001, and he was no longer in custody. However, the trial court did not attach any document demonstrating that Dattoma’s sentence had expired, nor does it appear from the face of the record that his sentence has expired. Therefore, we reverse the trial court’s order. On remand, the trial court shall either attach the portions of the record demonstrating that the sentence under attack has expired or address the merits of the motion.

Reversed and remanded.

DAVIS and COVINGTON, JJ„ concur.

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GREEN, Judge.

Bruce Dattoma appeals the summary-denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion stating that Datto-ma’s sentence expired on June 29, 2001, and he was no longer in custody. However, the trial court did not attach any document demonstrating that Dattoma’s sentence had expired, nor does it appear from the face of the record that his sentence has expired. Therefore, we reverse the trial court’s order. On remand, the trial court shall either attach the portions of the record demonstrating that the sentence under attack has expired or address the merits of the motion.

Reversed and remanded.

DAVIS and COVINGTON, JJ„ concur.

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Bluebook (online)

826 So. 2d 411, 2002 Fla. App. LEXIS 10679, 2002 WL 1723982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dattoma-v-state-fladistctapp-2002.