Flewellen v. State

The defendant appeals an order summarily denying his rule 3.800(a) motion to correct illegal sentence. We reverse.

The defendant was on probation for two second-degree felonies when he allegedly violated his probation. Pursuant to a negotiated agreement, the defendant admitted to the violation in exchange for a sentence of twenty-five years in prison. The waiver of rights form indicated that the maximum sentence was thirty years. The sentencing document for both counts I and II reflects a sentence of twenty-five years, concurrent.

The defendant filed a rule 3.800(a) motion. The motion…