John Gay v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JOHN GAY, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-4316
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed March 18, 2016.
An appeal from an order of the Circuit Court for Escambia County.
Edward P. Nickinson, III, Judge.
John Gay, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney
General, Tallahassee, for Appellee.
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 years’ 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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