Santiago v. State

MORRIS, Judge.

Nelson Santiago appeals the summary denial of his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for the postconviction court to reconsider his claim.

On September 12, 2005, Santiago was sentenced to concurrent terms of 364 days in the county jail followed by two years’ probation on one count of burglary of a conveyance and one count of grand theft. Santiago actually served an unspecified number of days in jail. Sometime after his release, he pleaded guilty to violating his probation. As a result, the court…