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Hubbard v. State
Citations: 667 So. 2d 936; 1996 WL 50876Docket: 95-04503
Court: District Court of Appeal of Florida; February 8, 1996; Florida; State Appellate Court
George Anthony Hubbard appealed the trial court's denial of his motion under Florida Rule of Criminal Procedure 3.800(a), contesting a three-year mandatory sentence imposed for armed burglary. Hubbard argued that the evidence did not demonstrate he was in possession of a firearm during the commission of the offense. The trial court denied his motion, suggesting that the determination required an evidentiary hearing, which was not permissible in a motion to correct an illegal sentence. However, the appellate court disagreed, citing precedent from Brown v. State, 633 So.2d 112 (Fla. 2d DCA 1994), which allows for such challenges in a motion to correct an illegal sentence. Consequently, the court reversed the trial court's decision and directed it to evaluate Hubbard's claims. If the claims are not contradicted by the record, an evidentiary hearing is mandated. The appellate court stipulated that any subsequent appeals must be filed within thirty days of the trial court's new order. The decision was unanimous among the judges.