AYALA-LAIES v. State

Ruben Ayala-Laies (Defendant) appeals an order summarily denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, and the order entered September 3, 2008, denying his motion for rehearing. We affirm in part and reverse in part.

Defendant was sentenced on July 29, 1983, to sixty-five years in prison. While his direct appeal was pending, in an order dated August 31, 1983, nunc pro tunc to July 29, 1983, the trial court issued an order retaining jurisdiction, in accordance with section 947.16(3), for the first one-half of Defendant’s…