Florida District Courts of Appeal, 2001

Lamkin v. State

Lamkin v. State
Florida District Courts of Appeal · Decided January 31, 2001 · Altenbernd, Casanueva, Northcutt
779 So. 2d 561; 2001 Fla. App. LEXIS 767; 2001 WL 76967 (Southern Reporter, Second Series)

Lamkin v. State

Opinion of the Court

PER CURIAM.

James M. Lamkin appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Lamkin alleged that he is entitled to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). The trial court denied the motion as facially insufficient finding that Lamkin had not alleged the date of his offense in the motion. A cursory review of Lamkin’s motion reveals, however, that he twice alleged the date of his offense in the motion and that the date alleged is within the Heggs’ window. We therefore reverse and remand for the trial court to consider Lamkin’s motion on its merits.

Reversed and remanded.

ALTENBERND, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur.

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