Martinez v. State
Martinez v. State
Opinion of the Court
Appellant Teresa Martinez appeals a trial court order summarily denying her motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). She entered a plea to second degree murder committed in February, 1996. She did not appeal her sentence, but filed the subject motion to correct
Since we have no record indication of appellant’s resentencing, we are constrained to reverse and remand either for attachment of portions of the record which defeat appellant’s Heggs challenge, and if there are none, for further proceedings. See Latiif v. State, 787 So.2d 834, 836 (Fla. 2001); Henderson v. State, 780 So.2d 319, 320 (Fla. 4th DCA 2001).
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.