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Allen v. State

District Court of Appeal of Florida, First District
Dec 21, 2005
915 So. 2d 1292 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D05-3854.

December 21, 2005.

An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge.

Appellant, pro se.

Charlie Crist, Attorney General; Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the trial court's summary denial of his postconviction motion attacking the legality of his sentence. The appellant claims his sentence is illegal because he was habitualized for possession of a controlled substance with the intent to sell, which is not authorized for violations of section 893.13, Florida Statutes (1998), which relates to possession or purchase of a controlled substance. Brown v. State, 744 So.2d 1184 (Fla. 2d DCA 1999). As the State concedes, the trial court did not attach record portions refuting the appellant's claim. We accordingly reverse the trial court's summary denial of the appellant's motion and remand for the trial court to either attach record portions to conclusively refute the appellant's claim or grant relief.

REVERSED AND REMANDED.

WEBSTER, BROWNING and POLSTON, JJ., concur.


Summaries of

Allen v. State

District Court of Appeal of Florida, First District
Dec 21, 2005
915 So. 2d 1292 (Fla. Dist. Ct. App. 2005)
Case details for

Allen v. State

Case Details

Full title:Vincent ALLEN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 21, 2005

Citations

915 So. 2d 1292 (Fla. Dist. Ct. App. 2005)