Florida District Courts of Appeal, 2002

Dattoma v. State

Dattoma v. State
Florida District Courts of Appeal · Decided July 26, 2002 · Covington, Davis, Green
826 So. 2d 411; 2002 Fla. App. LEXIS 10679; 2002 WL 1723982 (Southern Reporter, Second Series)

Dattoma v. State

Opinion of the Court

GREEN, Judge.

Bruce Dattoma appeals the summary-denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion stating that Datto-ma’s sentence expired on June 29, 2001, and he was no longer in custody. However, the trial court did not attach any document demonstrating that Dattoma’s sentence had expired, nor does it appear from the face of the record that his sentence has expired. Therefore, we reverse the trial court’s order. On remand, the trial court shall either attach the portions of the record demonstrating that the sentence under attack has expired or address the merits of the motion.

Reversed and remanded.

DAVIS and COVINGTON, JJ„ concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.