Miller v. State

This is an appeal by the defendant Ralph Nathaniel Miller from a trial court order denying his motion to correct an illegal sentence under Fla.R.Crim.P. 3.800(a). Based on the state’s confession of error, which we *366accept as well-taken, we reverse the order appealed from based on a holding that where, as here, a sentence is imposed under the sentencing guidelines, the trial court has no authority to retain jurisdiction over the defendant’s sentence. Hansbrough v. State, 509 So.2d 1081,1087 (Fla.1987) (“Because the sentencing guidelines apply to that sentence, however, the trial court should…