Simmons v. State

ROTHENBERG, Judge.

The defendant, Mister David Simmons, appeals an order summarily denying his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), challenging the imposition of the habitual offender enhancement for the offense of second degree murder with a firearm based on State v. Thompson, 750 So.2d 643 (Fla.1999). On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R. App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D).

Because the…