Horne v. State

CASANUEVA, Judge.

James Horne appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the denial of claims one and two, in part. We affirm the postconviction court’s order in all other respects without further comment.

Facts

Mr. Horne entered an open plea of guilty to all counts in six different circuit court cases:

03-04387 1. Possession of a controlled substance, § 893.13(6)(a), Fla. Stat. (2002)

04-12645 1. Delivery of a controlled substance, § 893.13(l)(a), Fia. Stat. (2003)

2. Possession of a controlled…