McDuffie v. State

The Appellant, Darrell D. McDuffie, challenges the denial of his motion to correct illegal sentence, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the 'motion as successive, but its order did not include record attachments showing the motion was, in fact, successive. McDuffie argues this deficiency mandates reversal of the order denying his motion. Ordinarily, we would be inclined to agree. See Romeo v. State, 965 So.2d 197 (Fla. 3d DCA 2007). However, reversal is not warranted in this case because it is clear from the face of the motion that…