Smith v. State

John Edward Smith appeals the trial court’s denial of a motion to correct illegal sentence that he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse because the trial court failed to attach to its order those portions of the record conclusively refuting Smith’s allegation that he was illegally sentenced as a habitual felony offender.

Smith claims that a prior felony used to enhance his sentence fell outside the time parameters of section 775.084(l)(a)2., Florida Statutes (1991). If true, he would be entitled to relief. See Smith v. State, 631 So.2d 1135 (Fla. 2d DCA…