Gibson v. State

Appellant, Derrick Gibson, once again appeals a trial court order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 8.800(a). This court reversed previous trial court orders summarily denying this same motion in Gibson v. State, 944 So.2d 426 (Fla. 4th DCA 2006) and Gibson v. State, 967 So.2d 410 (Fla. 4th DCA 2007).

This time, the trial court, after holding an evidentiary hearing and considering additional documentation, concluded in the order now being appealed that the exhibits presented by the state clearly indicated that Gibson’s release…