Opinion
No. 1D00-3144.
Opinion filed March 22, 2001.
An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge.
Reversed and Remanded.
Appellant, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
The appellant challenges an order by which his motion to correct an illegal sentence pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), was denied. Although the trial court denied the claim because the appellant was sentenced to a negotiated term, the trial court failed to attach a copy of the plea agreement that would refute the appellant's allegations. Because the appellant has alleged a facially sufficient claim under Heggs, we reverse and remand for the trial court to either grant the requested relief or to attach record portions conclusively showing the appellant is entitled to no relief.
Allen, Van Nortwick and Polston, JJ., Concur.