White v. State

Otis White (Appellant) appeals a final order denying his Motion to Correct Sentencing Error. Concluding that Appellant’s motion raises factual questions and is facially sufficient and timely filed under Florida Rule of Criminal Procedural 3.850, we reverse the trial court’s order and remand for an evidentiary hearing.

The State’s information charged Appellant with robbery with a firearm, a first-degree felony punishable by life pursuant to section 812.13(2)(a), Florida Statute (2001); and felony fleeing a duly authorized police officer. According to a written offer of plea filed in the circuit…