Summary
reversing summary denial of 3.800 claim that sentence exceeded maximum permitted by Youthful Offender Act where record did not conclusively refute the claim
Summary of this case from Hinson v. StateOpinion
Case No. 97-1696
September 10, 1997
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Dwight L. Geiger, Judge; L.T. Case No. 94-384 CFA.
Loren Hill, Sharpes, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the trial court's order summarily denying appellant's motion for post-conviction relief under rule 3.800, Florida Rules of Criminal Procedure. If the trial court again denies relief on remand, it is directed to attach to its order those portions of the record which establish conclusively that appellant's sentence did not exceed the maximum permitted by the Youthful Offender Act, sections 958.011 — 958.14, Florida Statutes (1993).
STONE, C.J., GLICKSTEIN and WARNER, JJ., concur.