RUFUS LEE v. STATE OF FLORIDA (2023)

Appellant, Rufus L. Lee, appeals the trial court's summary denial of his Motion to Correct Illegal Sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm without comment as to all of Appellant's claims except for the Count Four claim that his sentence for possession of a firearm by a convicted felon exceeds the statutory maximum.

As to Count Four, in response to this Court's Toler order, the State concedes that the trial court did not address Appellant's illegal sentence claim and that the appellate record does not conclusively refute it. See Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986); Fla. R. App. P. 9.141(b)(2)(D); Johnson v. State, 252 So. 3d 1289, 1289 (Fla. 1st DCA 2018) (remanding for further proceedings under rule 3.800(a)). The State's response also noted a scrivener's error in the written sentencing document with the inclusion of Count Four in the Order of Probation. Under these circumstances, we reverse and remand for further proceedings as to Count Four.

AFFIRMED in part, REVERSED in part, and REMANDED.

PER CURIAM.

OSTERHAUS, C.J., and KELSEY and LONG, JJ., concur.