Florida District Courts of Appeal, 2001

McCoy v. State

McCoy v. State
Florida District Courts of Appeal · Decided March 22, 2001 · Allen, Nortwick, Polston
780 So. 2d 984; 2001 Fla. App. LEXIS 4119; 2001 WL 277007 (Southern Reporter, Second Series)

McCoy v. State

Opinion of the Court

PER CURIAM.

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. Athough 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.

REVERSED and REMANDED.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.

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