Moncher v. State

We reverse the summary denial of appellant’s motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) for failure of the trial court to attach records conclusively refuting appellant’s claim that he did not qualify for the habitual violent offender sentence he received. See Thompson v. State, 17 So.Sd 307 (Fla. 4th DCA 2009).

Although the state’s response to appellant’s motion recites that appellant already raised this issue in an earlier rule 3.850 motion, which was denied, it did not attach documents to its response supporting its allegations. Instead,…