Miller v. State

COVINGTON, Judge.

Barry E. Miller appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand on one of his claims because the trial court did not review the proper sentencing documents.

In claim one of his motion, Mr. Miller asserted that the sentences imposed in 2001, in case number 91-03887, were illegal. The trial court denied the claim, referring to 1995 sentences that had been set aside. Therefore, we reverse and remand with directions to the trial court to consider Mr. Miller’s claim in light…