Burkhead v. State

KHOUZAM, Judge.

Phillip Burkhead appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the postconviction court should have considered the motion as filed under rule 3.850 and because it also failed to attach records conclusively refuting the claim, we reverse and remand.

Burkhead entered an open plea of no contest to three counts of sale of oxyco-done. In his motion, Burkhead alleged that the charging document in his case shows that all three offenses occurred on the same day, thereby rendering his sentences for the…