Mansueto v. State

District Court of Appeal of Florida

Mansueto v. State

660 So. 2d 362, 1995 Fla. App. LEXIS 9649, 1995 WL 539089

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 1995

DocketNo. 95-02771

StatusPublished

Cited by1 cases

This text of 660 So. 2d 362 (Mansueto 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.

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Mansueto v. State, 660 So. 2d 362, 1995 Fla. App. LEXIS 9649, 1995 WL 539089 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Paul Ray Mansueto has appealed the denial of his Motion to Correct Illegal Sentence. We treat this case as a belated appeal because the record does not reflect that Man-sueto was advised of his right to appeal the ruling within thirty days. Moreover, because the trial court denied the motion by stamp without attaching any documentation to refute Mansueto’s claims, we reverse and remand this case. On remand, the trial court may again deny the motion and either attach to its order those portions of the record which demonstrate that Mansueto is not entitled to relief or conduct an evidentiary hearing to determine the merits of the claims regarding an illegal sentence.

SCHOONOVER, AC.J., and BLUE and WHATLEY, JJ., concur.

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PER CURIAM.

Paul Ray Mansueto has appealed the denial of his Motion to Correct Illegal Sentence. We treat this case as a belated appeal because the record does not reflect that Man-sueto was advised of his right to appeal the ruling within thirty days. Moreover, because the trial court denied the motion by stamp without attaching any documentation to refute Mansueto’s claims, we reverse and remand this case. On remand, the trial court may again deny the motion and either attach to its order those portions of the record which demonstrate that Mansueto is not entitled to relief or conduct an evidentiary hearing to determine the merits of the claims regarding an illegal sentence.

SCHOONOVER, AC.J., and BLUE and WHATLEY, JJ., concur.

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660 So. 2d 362, 1995 Fla. App. LEXIS 9649, 1995 WL 539089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mansueto-v-state-fladistctapp-1995.

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