Public-domain · open source
OpenJurist

535 So. 2d 622

Docket No. 88-699.

Small v. State

Ronald Davis SMALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 12, 1988.

District Court of Appeal of Florida · decided 1988-12-12

Cited by 5 later decisions — most recently September 1998

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1988-12-12

View the full empirical analysis of this case →

¶1*623 Ronald Davis Small, pro se.

¶2No appearance for the State.

¶3NIMMONS, Judge.

¶4Small appeals the summary denial of his motion to correct an illegal sentence, filed pursuant to Fla.R.Crim.P. 3.800(a), alleging that he was sentenced in excess of the statutory maximum.

¶5He claims he was convicted of "simple" robbery which carries a term of only 15 years but was nevertheless sentenced to life imprisonment. Although the copy of the indictment attached to Small's motion charges the offense of armed robbery (with firearm), the judgment and sentence, copy of which is also attached to Small's motion, states that Small was convicted by jury of "robbery," there being no indication that it was an armed robbery.

¶6The order denying the motion recites that the trial court had reviewed the file in appellant's case, but the order fails to refute, either by attachment of portions of the record or otherwise, the appellant's claim.

¶7Accordingly, we reverse and remand for further proceedings. If the trial court again summarily denies appellant's motion, it should attach portions of the record which refute his allegation.

¶8REVERSED and REMANDED.

¶9SMITH, C.J., and MILLS, J., concur.

/535/so2d/622 · .json · Public domain