Florida District Courts of Appeal, 2016

Gay v. State

Florida District Courts of Appeal · Decided March 18, 2016 · Kelsey, Roberts, Swanson

186 So. 3d 1137; 2016 Fla. App. LEXIS 4226; 2016 WL 1077349 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

John Gay v. State of Florida (Fla. Dist. Ct. App. 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant challenges the denial of his motion to correct illegal sentence filed pursuant to rule 3.800(a). We reverse and remand.

The appellant alleges that his life sentence for attempted capital sexual battery exceeds the statutory maximum of thirty *1138years’ imprisonment that may be imposed for that offense. §§ 775.082(3)(b); 777.04(4)(a); 794.011(2), .Fla. Stat. (1989). The trial court failed to attach any portion of the record refuting the appellant’s claim or demonstrating why a life sentence for attempted capital sexual battery is legal. Accordingly, we reverse and remand for the trial court to attach portions of the record refuting appellant’s claim or to grant relief.

REVERSED and REMANDED for further proceedings consistent with this opinion.

ROBERTS, C.J., SWANSON, and KELSEY, JJ., concur.

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