Tukes v. State

Erick Tukes appeals the denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Tukes raised two claims in his motion: (1) denial of post-sentencing jail credit and (2) illegal sentencing in excess of the statutory maximum for a third degree felony (possession of cocaine). We affirm the summary denial of the first claim for the reasons set forth in the State’s response, but reverse the trial court’s summary denial of the second claim for failure of the court to attach record evidence to support its summary denial. See Fenelon v. State,…