Trevino v. State

Gregory Oscar Trevino challenges the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Since the record fails to conclusively establish that Trevino is not entitled to relief, we reverse and remand for further proceedings.

In August 1989, Trevino was charged with two counts of sexual battery and one count of kidnapping. Pursuant to a plea agreement entered into in December 1989, however, Trevino pled guilty to reduced charges, consisting of two counts of committing a lewd and lascivious act. As part of his plea bargain, Trevino…