Love v. State

District Court of Appeal of Florida

Love v. State

637 So. 2d 388, 1994 Fla. App. LEXIS 5867, 1994 WL 256881

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 1994

DocketNo. 93-2923

StatusPublished

This text of 637 So. 2d 388 (Love 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

Love v. State, 637 So. 2d 388, 1994 Fla. App. LEXIS 5867, 1994 WL 256881 (Fla. Ct. App. 1994).

Pincite

Opinion

BARFIELD, Judge.

James Roy Love appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The state has apparently conceded that the motion was facially sufficient and suggests remand to the trial court for attachment of portions of the record conclusively demonstrating that Love is not entitled to relief, or for an evidentiary hearing on his motion.

REVERSED and REMANDED to the trial court for further proceedings.

SMITH and LAWRENCE, JJ., concur.

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BARFIELD, Judge.

James Roy Love appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The state has apparently conceded that the motion was facially sufficient and suggests remand to the trial court for attachment of portions of the record conclusively demonstrating that Love is not entitled to relief, or for an evidentiary hearing on his motion.

REVERSED and REMANDED to the trial court for further proceedings.

SMITH and LAWRENCE, JJ., concur.

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Bluebook (online)

637 So. 2d 388, 1994 Fla. App. LEXIS 5867, 1994 WL 256881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/love-v-state-fladistctapp-1994.