Robinson v. State

Derrick Robinson appeals the summary denial of his motion to correct illegal sentence, asserting that the three-year minimum mandatory sentence dictated by section 775.-087(2), Florida Statutes (1989), was illegally imposed because he allegedly did not possess a firearm during the commission of the offense. The trial court treated the motion as one requesting postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 and denied it as untimely. We reverse and remand.

This court has previously held that a three-year minimum mandatory sentence is illegal where the record does not…