Simon v. State

Johnny Edward Simon appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court as to Simon’s claim that the court did not orally pronounce him to be a habitual offender in case number CF9N4339, and affirm in all other respects.

As the transcript attached to the trial court’s order shows, Simon is correct that the court did not orally sentence him as a habitual offender in case number CF91-4339. Had the trial court attached to its order a copy of the judgment and sentence demonstrating that…