Barnard v. State

Thomas E. Barnard timely appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach record documents refuting the motion, we reverse.

In his first claim, Barnard alleged that the trial court erred by reclassifying his kidnapping conviction from a first-degree felony to a life felony when the jury did not make a specific finding regarding the use of a weapon. See Reyes v. State, 676 So.2d 31 (Fla. 2d DCA 1996) (reversing summary denial without attachments of rule 3.800(a) motion…