Evans v. State

Defendant appeals from the trial court’s summary denial of his motion to correct an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion on the basis that the issue raised therein had been decided adversely to defendant in his direct appeal from his judgment and sentence. Our review of our own court files reveals that this precise issue was not raised or addressed in the direct appeal. Because the allegation presents a facially sufficient claim, see Johnson v. State, 573 So.2d 178 (Fla. 2d DCA 1991), we reverse the summary denial…