Moorer v. State

The appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), which the trial court treated as a timely rule 3.850 motion. We affirm in part and reverse in part.

In his first claim, the appellant alleges that the trial court departed from the statutory maximum without providing a written reason for the departure. However, the trial court did not need to provide a written reason for departure because it sentenced the appellant to the lowest permissible sentence under the Criminal Punishment Code. See Fla. R.Crim. P.…