WILLIAMS v. STATE (2022)

Lewis P. Williams appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. His motion alleged that the trial court miscounted the predicate offenses used to sentence him as a violent career criminal and that he did not actually qualify as a violent career criminal.

Because Williams’ motion failed to demonstrate that the alleged sentencing error is apparent from the face of the record, we affirm. See Bover v. State, 797 So. 2d 1246, 1251 (Fla. 2001); see also Johnson v. State, 60 So. 3d 1045, 1051 (Fla. 2011) (explaining the State has no obligation to refute a claim raised in a rule 3.800(a) motion, and Florida Rule of Appellate Procedure 9.141(b)(2)(D) does not change the defendant's burden on a rule 3.800(a) motion); Espinosa v. State, 263 So. 3d 114, 116 (Fla. 3d DCA 2018) (recognizing the defendant had the burden to supply record excerpts showing his violent career criminal sentence was illegal).

Affirmance is without prejudice for Williams to refile his motion if he can demonstrate from the court record (i.e., the sentencing transcript and exhibits received by the trial court) that his sentence was illegal and that it still affects his current release date. Cox v. State, 221 So. 3d 723, 725 (Fla. 3d DCA 2017) (“In meeting his burden on a motion to correct illegal sentence, the defendant may not rely on facts beyond the face of the record.”).

Affirmed.

Per Curiam.

Klingensmith, C.J., Gerber and Levine, JJ., concur.