Legal Opinion

Fernandez v. State

District Court of Appeal of Florida

Decided February 22, 2002No. 2D01-3466Published

1Opinion of the Court

SILBERMAN, Judge.

Rafael Fernandez appeals the summary denial of his motion to correct illegal sentences. The motion was filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order as to the length of the sentences because the claim was facially sufficient and was denied without explanation or supporting attachments.

Fernandez alleged that he entered a negotiated plea to several third-degree felonies, and he agreed to be sentenced as a habitual felony offender. He alleged that he was sentenced to ten years’ imprisonment followed by five years’ probation for…

2Cases cited2 opinions

  1. Townsend v. StateDistrict Court of Appeal of Florida · 1992
  2. Dominguez v. StateDistrict Court of Appeal of Florida · 1994

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