Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

OLIVER G. BELL, Appellant, v. STATE OF FLORIDA, Appellee.

PER CURIAM.

Appellant, Oliver G. Bell, seeks review of the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We reverse because the trial court's order failed to address or refute Bell's facially sufficient claim that he was illegally sentenced as a habitual felony offender. Bell alleges that he does not have the predicate offenses to be sentenced as a habitual felony offender, and that his habitual offender sentence is therefore illegal . See Green v. State, 662 So.2d 985 (Fla. 2d DCA 1995). The trial court denied the motion without attaching any documentation which would refute this claim.

Accordingly we reverse. On remand, should the trial court again deny the motion, it must attach portions of the record which refute Bell's claim.

Reversed and remanded.

CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., Concur.

Use AI to get other relevant cases.

Comments

BELL v. STATE
(May 16, 1997)