Seth D. Disanto v. State

District Court of Appeal of Florida

Seth D. Disanto v. State

190 So. 3d 694, 2016 WL 2760033, 2016 Fla. App. LEXIS 7296

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 2016

Docket5D15-2734

StatusPublished

Cited by1 cases

This text of 190 So. 3d 694 (Seth D. Disanto 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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Seth D. Disanto v. State, 190 So. 3d 694, 2016 WL 2760033, 2016 Fla. App. LEXIS 7296 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Seth DiSanto seeks review of the, trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence.' In his motion, DiSanto alleges that the trial court erred in relying on certain predicate convictions to support his adjudication as a habitual felony offender. The State properly concedes that the trial court’s order, which did not include any attachments, should be reversed. See Stewart v. State, 948 So.2d 870, 871 (Fla. 3d DCA 2007). On remand, if the trial court agairt enters ah order summarily denying - DiSanto’s motion, it must attach written portions of the record conclusively refuting DiSanto’s claim,

REVERSED and RÉMANDED for further proceedings. ’

LAWSON C.J., PALMER and EVANDER,'JJ., concur.

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PER CURIAM.

Seth DiSanto seeks review of the, trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence.' In his motion, DiSanto alleges that the trial court erred in relying on certain predicate convictions to support his adjudication as a habitual felony offender. The State properly concedes that the trial court’s order, which did not include any attachments, should be reversed. See Stewart v. State, 948 So.2d 870, 871 (Fla. 3d DCA 2007). On remand, if the trial court agairt enters ah order summarily denying - DiSanto’s motion, it must attach written portions of the record conclusively refuting DiSanto’s claim,

REVERSED and RÉMANDED for further proceedings. ’

LAWSON C.J., PALMER and EVANDER,'JJ., concur.

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190 So. 3d 694, 2016 WL 2760033, 2016 Fla. App. LEXIS 7296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seth-d-disanto-v-state-fladistctapp-2016.

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