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Scott v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 2000
755 So. 2d 728 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D99-3982.

Opinion filed March 8, 2000.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. No. 86-12809CF10A.

Jimmy Jones Scott, Starke, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


We reverse the order that denied Jimmy Jones Scott's motion to correct illegal sentence. Scott alleged that his consecutive life sentences for attempted first degree murder are illegal. The maximum term permitted by law for that offense was 30 years. Florida Statute § 775.082(3)(b) (1985). The state maintains that his sentences were lawfully enhanced to life under § 775.087, but there is nothing in his motion that suggests that his convictions qualified him for a firearm enhancement.

Since the trial court simply denied the motion without explanation or attachment of the information on which it based its decision, we are unable to determine whether Scott's sentences on these counts are illegal. We therefore reverse and remand either for attachment of those portions of the record which conclusively show no entitlement to relief, or for further proceedings pursuant to this decision. As to the remaining allegations in the motion, we affirm.

FARMER, TAYLOR and HAZOURI, JJ., concur.


Summaries of

Scott v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 2000
755 So. 2d 728 (Fla. Dist. Ct. App. 2000)
Case details for

Scott v. State

Case Details

Full title:JIMMY JONES SCOTT, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 8, 2000

Citations

755 So. 2d 728 (Fla. Dist. Ct. App. 2000)