Aysisayh v. State
Aysisayh v. State
Opinion of the Court
Waadew Aysisayh appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Ay-sisayh was convicted of sexual battery and sentenced as a habitual offender on May 8, 1980. Aysisayh alleges that he was convicted of life felony sexual battery
Because the documents attached by the trial court do not refute this claim, we reverse and remand. On remand, the trial court may again summarily deny the claim if record attachments conclusively show that Aysisayh was convicted of a lesser degree of sexual battery. If Aysisayh’s claim proves true, the trial court must
The trial court’s order is affirmed as to Aysisayh’s other claims.
Affirmed in part; reversed in part; and remanded.
. Depending on the circumstances, Aysisayh’s conviction for sexual battery could have been for a life" felony, a first-degree felony, or a second-degree felony. See section 794.011, Fla. Stat. (1979).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.