Fernandez v. State

KELLY, Judge.

Waldo Fernandez appeals the postcon-viction court’s summary dispositions of his October 24, 2013, and his January 7, 2014, motions to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of Mr. Fernandez’s January 2014 motion without comment. However, we reverse the dismissal of his October 2013 motion and remand for resentencing.

Mr. Fernandez pleaded no contest to one count of aggravated battery with a deadly weapon. In exchange for his plea, Mr. Fernandez’s counsel announced that a negotiated disposition had been arranged in…