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Tillman v. State

666 So. 2d 282, 1996 Fla. App. LEXIS 371, 1996 WL 17278
Procedural entryThis page is a short order in Tillman v. State. Read the opinion of the Court — 718 So. 2d 944 →
District Court of Appeal of Florida·Decided January 19, 1996·No. No. 95-2273·Published

Opinion

PER CURIAM.

Dana Tillman appeals the trial court’s order summarily denying his motion to correct sentence which was filed in accordance with the provisions of rule 3.800(a) of the Florida Rules of Criminal Procedure. There were no attachments to the order which refuted Tillman’s claim that he was illegally sentenced to a term of twenty years in prison for various third-degree felonies. See § 775.084(4), Fla. Stat. (1991) (the statutory maximum for a third-degree felony under the habitual felony offender statute is 10 years). Accordingly, we reverse for an evidentiary hearing or the attachment of exhibits refuting Tillman’s claim.

REVERSED and REMANDED.

COBB, GRIFFIN and ANTOON, JJ., concur.

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Tillman v. State, 666 So. 2d 282, 1996 Fla. App. LEXIS 371, 1996 WL 17278 (Fla. Ct. App. 1996).

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