Gabriel Theiss v. State

Gabriel Theiss appeals the trial court’s order summarily denying his rule 3.800(a) motion challenging the legality of his life sentence for burglary with assault or battery under the Prison Releasee Reoffender statute. § 775.082(9)(a)l.o., Fla. Stat. (Supp.1998). The motion was legally sufficient under Suffield v. State, 132 So.3d 333 (Fla. 4th DCA 2014), and the case law cited therein. The trial court improperly denied the legally sufficient motion with no explanation and without ordering a state response. See Charles v. State, 100 So.3d 1272 (Fla. 4th DCA 2012); Shea v. State, 97 So.3d 861…