McCoy v. State

District Court of Appeal of Florida

McCoy v. State

780 So. 2d 984, 2001 Fla. App. LEXIS 4119, 2001 WL 277007

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 2001

DocketNo. 1D00-3144

StatusPublished

This text of 780 So. 2d 984 (McCoy 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

McCoy v. State, 780 So. 2d 984, 2001 Fla. App. LEXIS 4119, 2001 WL 277007 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

The appellant challenges an order by which his motion to correct an illegal sentence pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000), was denied. Athough the trial court denied the claim because the appellant was sentenced to a negotiated term, the trial court failed to attach a copy of the plea agreement that would refute the appellant’s allegations. Because the appellant has alleged a facially sufficient claim under Heggs, we reverse and remand for the trial court to either grant the requested relief or to attach record portions conclusively showing the appellant is entitled to no relief.

REVERSED and REMANDED.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.

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PER CURIAM.

The appellant challenges an order by which his motion to correct an illegal sentence pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000), was denied. Athough the trial court denied the claim because the appellant was sentenced to a negotiated term, the trial court failed to attach a copy of the plea agreement that would refute the appellant’s allegations. Because the appellant has alleged a facially sufficient claim under Heggs, we reverse and remand for the trial court to either grant the requested relief or to attach record portions conclusively showing the appellant is entitled to no relief.

REVERSED and REMANDED.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.

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Bluebook (online)

780 So. 2d 984, 2001 Fla. App. LEXIS 4119, 2001 WL 277007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-state-fladistctapp-2001.

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