Seth D. Disanto v. State

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

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.