Legal Opinion

Kemp v. State

District Court of Appeal of Florida

Decided June 29, 2005No. 3D04-2893Published

1Per curiam

We reverse the order denying defendant’s motion to clarify the sentencing order rendered on July 22, 2003. Contrary *986to the state’s contention in its response, no evidentiary hearing is required to resolve the issue in the defendant’s motion. See Potter v. State, 769 So.2d 519 (Fla. 3d DCA 2000).

The defendant’s original motion to correct illegal sentence properly addressed the four cases in which he was sentenced: 99-21225; 99-21227; 99-21230; 99-26580. The trial court granted relief and resen-tenced defendant. However that order only listed one case number: 99-21225. It is self-evident that…

2Cases cited1 opinion

  1. Potter v. StateDistrict Court of Appeal of Florida · 2000

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