“because of the erroneous information provided to miller concerning the status of his convictions and the resultant confusion, we believe that it is appropriate under these extraordinary circumstances to permit miller to file a belated rule 3.850 motion.”
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Brimage v. State
because of the erroneous information provided to miller concerning the status of his convictions and the resultant confusion, we believe that it is appropriate under these extraordinary circumstances to permit miller to file a belated rule 3.850 motion.
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Orlando GONZALEZ
v.
STATE of Florida
v.
STATE of Florida
No. 2D01-3964.
District Court of Appeal of Florida, Second District.
Nov 21, 2001.
WHATLEY, Acting Chief Judge.
Orlando Gonzalez timely appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He seeks resentencing in accordance with Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court failed to attach copies of the 1994 and 1995 sentencing guidelines. See Howell v. State, 793 So.2d 26 (Fla. 2d DCA 2001). According to the calculations that Gonzalez attached to his initial brief, he may be entitled to relief. We reverse and remand. If the trial court again summarily denies the motion, it must attach documents that conclusively refute Gonzalez’s allegations.
Reversed and remanded.
GREEN and DAVIS, JJ., concur.