RIVERA v. STATE (2007)

District Court of Appeal of Florida,Third District.

Wildo RIVERA, Appellant, v. The STATE of Florida, Appellee.

No. 3D06-2759.

Decided: February 07, 2007

Before RAMIREZ, WELLS, and LAGOA, JJ.

Wildo Rivera, in proper person. Bill McCollum, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Wilfredo Rivera appeals the trial court's summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The defendant was sentenced to life in prison. In his motion to correct illegal sentence, he alleges that the trial court prepared a sentencing guideline scoresheet, but then failed to apply a guideline sentence to the defendant. The defendant has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily denying the motion, has failed to conclusively refute. Consequently, we reverse and remand for further proceedings. On remand, if the trial court again enters an order summarily denying the post-conviction motion, the trial court shall attach written portions of the record conclusively refuting the defendant's claim. See Fla. R.App. P. 9.141(b)(2)(D) (requiring reversal by this court unless the record shows conclusively that the defendant is entitled to no relief).

Reversed and remanded for further proceedings.

PER CURIAM.

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