Collins v. State

Appellant, Kevin J. Collins, appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Collins contends the trial court improperly denied his motion as successive because an earlier motion raising the issues was null and void. We agree, and reverse and remand for the trial court to consider Collins’ rule 3.800(a) motion on the merits.

Collins was convicted of burglary of a structure and grand theft following a jury trial and was sentenced as a violent career criminal to fifteen years’ 'incarceration on the burglary…