Brown v. State

COBB, Judge.

Daniel Brown appeals the summary denial of his rule 3.800 motion to correct illegal sentence. We reverse and remand for further proceedings.

Brown’s motion alleges the following. In lower court case number 86^439-CF, a jury found him guilty of attempted second degree murder and burglary of a dwelling with a battery. After he was sentenced on December 4, 1986, he timely filed an appeal on December 31, 1986. However, on January 5, 1987, the trial court entered a corrected sentence that, according to Brown, also vacated the sentence originally imposed on December 4, 1986.

Brown argues…