Florida District Courts of Appeal, 2016

Debritton M. Stevenson v. State

Debritton M. Stevenson v. State
Florida District Courts of Appeal · Decided September 30, 2016 · Cohen, Edwards, Evander, Per Curiam
207 So. 3d 266; 2016 Fla. App. LEXIS 14634 (Southern Reporter, Third Series)

Debritton M. Stevenson v. State

Opinion

PER CURIAM.

Debritton Stevenson appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. In his motion, Stevenson argued that his minimum mandatory sentence for actual possession of a firearm was illegal because the information did not allege that he actually possessed a firearm. Because the trial court did not attach records to support its conclusion that the minimum mandatory sentence was legal, we are compelled to reverse. See DiSanto v. State, 190 So.3d 694 (Fla. 5th DCA 2016). On remand, if the trial court again enters an order summarily denying Stevenson’s motion, it must attach written portions of the record that conclusively refute his claim.

*267 REVERSED and REMANDED for further proceedings.

EVANDER, COHEN and EDWARDS, JJ., concur.

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