06-2612 REDDING V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d06-2612

Case Date: 12/20/2006

Plaintiff: 06-2612 REDDING

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2006

ANDREW A. REDDING, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 95-33572 CASE NO. 3D06-2612

Opinion filed December 20, 2006. An Appeal under Florida 9.141(b)(2) from the Circuit Jacqueline Hogan Scola, Judge. Rule Court of Appellate Procedure for Miami-Dade County,

Andrew A. Redding, in proper person. Charles J. Crist, Jr., Attorney General, for appellee.

Before WELLS, SUAREZ, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

Andrew A. Redding ("defendant") appeals the summary denial of his motion to correct an illegal sentence filed pursuant to

Florida Rule of Criminal Procedure 3.800(a).

In his motion the

defendant alleges that he was resentenced without being present and without representation motion as of counsel. the trial In court denying the

defendant's

untimely,

incorrectly

treated the defendant's motion as a motion for postconviction relief 3.850. filed pursuant to Florida Rule of Criminal Procedure

We, therefore, reverse for proper consideration of the

defendant's motion and, if denied, the issuance of a new order with the appropriate attachments which conclusively refute the claimed entitlement to relief. reversal by See this Fla. court R. App. P. the

9.141(b)(2)(D)(requiring

unless

record shows conclusively that the defendant is entitled to no relief). Reversed and remanded.

2

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