Dixon v. State

VILLANTI, Judge.

Willie Charles Dixon appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the postconviction court should have dismissed the motion as legally insufficient, we reverse and remand with an instruction to do so.

On May 31, 2006, Dixon filed his motion to correct illegal sentence, claiming that his sentence did not effectuate the intent of his plea bargain. In summarily denying the motion, the postconviction court found Dixon’s claim was not cognizable in a rule 3.800(a) motion because he did not allege his sentence was…