Stewart v. State

Ernest Stewart appeals the summary denial of his unsworn motion to vacate or correct sentence, filed pursuant to rule 3.800(a). Mr. Stewart maintains that his sentence was an illegal guidelines sentence of fifteen years for a third-degree felony. The trial court apparently concluded that the offense was a second-degree felony and determined that the sentencing judge had intended to impose a habitual felony offender sentence. Thus, it declared the sentence legal and entered a “nunc pro tunc” order amending the earlier sentence to reflect that it was imposed pursuant to the habitual felony…