NUNE v. STATE

No. 5D06-3111.

944 So.2d 1173 (2006)

Franklin James NUNE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 15, 2006.


Attorney(s) appearing for the Case

Franklin J. Nune, Jr., Crawfordville, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

We review the summary denial of Appellant's rule 3.800(a) motion. We reverse because the trial court did not attach record support to refute Appellant's claim that his sentence on the third-degree felony in Marion County case number 04-2524 was illegal.

Although Appellant's sentences on the second-degree felonies were proper because they fell within the statutory maximum, Appellant's sentence of 80.325...

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