¶1We review the order denying appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand as the trial court should have treated appellant’s sworn motion as a timely-filed rule 3.850 motion challenging the factual basis for the imposition of his minimum mandatory sentence. See State v. Mancino, 705 So.2d 1379, 1381 (Fla.1998); Smith v. State, 782 So.2d 947, 948 (Fla. 4th DCA 2001).
823 So. 2d 200
Lurry v. State
District Court of Appeal of Florida
Decided July 24, 2002
District Court of Appeal of Florida · decided 2002-07-24
Relies on 705 So. 2d 1379 - State v. Mancino · Smith v. State
Decided 2002-07-24