Nune v. State

We review the summary denial of Appellant’s rule 3.800(a) motion. We reverse because the trial court did not attach record support to refute Appellant’s claim that his sentence on the third-degree felony in Marion County case number 04-2524 was illegal.

Although Appellant’s sentences on the second-degree felonies were proper because they fell within the statutory maximum, Appellant’s sentence of 80.325 months on the third-degree felony exceeded the statutory maximum for that offense. Therefore, the sentence was illegal unless his Criminal Punishment Code score authorized the sentence. The…