Allen v. State

WHATLEY, Judge.

James Allen challenges the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He raised two grounds in his motion. We affirm the denial of the first ground without comment, but we reverse and remand for further proceedings on the second ground.

Allen was convicted of possession of cocaine with intent to sell while carrying a firearm, a first-degree felony. The written sentence reflects a sentence of forty years’ prison as a habitual offender followed by *885ten years’ probation. In his motion, Allen alleged that…