Thomas v. State

Robert Henry Thomas appeals the trial court’s order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order and remand this case to the trial court for further proceedings.

Thomas claimed that he was illegally sentenced to seventeen years’ incarceration on his convictions for robbery, a second-degree felony punishable by a maximum sentence of fifteen years’ incarceration. See §§ 812.13(2)(e), 775.082(3)(e), Fla. Stat. (1993). The trial court’s order did not deny that the sentences were beyond the…