Eubanks v. State
This text of 940 So. 2d 605 (Eubanks 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.
Opinion
James EUBANKS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
James Eubanks, Indiantown, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
The order denying the appellant's rule 3.800(a) motion to correct illegal sentence is reversed, and the case is remanded to the lower court for attachment of records that conclusively refute the allegations in the motion. See Fenelon v. State, 932 So.2d 431 (Fla. 4th DCA 2006) (reversing because the "trial court failed to attach record evidence to refute the facially sufficient claim") (citing Johnson v. State, 665 So.2d 380 (Fla. 4th DCA 1996)).
GUNTHER, POLEN and SHAHOOD, JJ., concur.
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940 So. 2d 605, 2006 WL 3077649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eubanks-v-state-fladistctapp-2006.