Simmons v. State

Appellant; Juan Valent Simmons, appeals the summary denial of his motion to correct illegal sentence sought pursuant to Florida Rule of Criminal Procedure 3.800(a).- We reverse and remand either for attachment of those portions of the record that conclusively demonstrate that appellant is not entitled to relief, or for further proceedings, if warranted. See King v. State, 681 So.2d 1136, 1140 (Fla.1996)(holding that where original sentencing judge imposed guidelines sentence and defendant served imprisonment portion of his sentence, he could not be sentenced as habitual offender upon…