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Arnold v. State

District Court of Appeal of Florida, First District
Feb 28, 2007
949 So. 2d 1141 (Fla. Dist. Ct. App. 2007)

Summary

reversing denial of rule 3.800 motion because trial court failed to attach portions of the record that demonstrate the motion was successive

Summary of this case from Wright v. State

Opinion

No. 1D06-2827.

February 28, 2007.

Appeal from the Circuit Court, Taylor County, James Roy Bean, J.

Ivory Arnold, pro se, appellant.

Bill McCollum, Attorney General, and Sheron Wells, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the trial court's order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Because the trial court failed to attach portions of the record that demonstrate the appellant's motion was successive, we reverse.

In his motion for postconviction relief, the appellant alleges that the trial court failed to orally pronounce him a habitual felony offender as required by Ashley v. State, 850 So.2d 1265 (Fla. 2003). The trial court summarily denied the appellant's motion finding that it was successive because the appellant had raised this claim in a prior rule 3.800 motion. However, the trial court provided no record attachments to support its finding. Therefore, we reverse the lower court's summary denial of the appellant's motion and remand to the trial court to address the appellant's claim on the merits or provide record attachments that demonstrate the successiveness of the appellant's claim. See Maddox v. State, 870 So.2d 956 (Fla. 1st DCA 2004).

REVERSED AND REMANDED.

BARFIELD, BENTON, and POLSTON, JJ., concur.


Summaries of

Arnold v. State

District Court of Appeal of Florida, First District
Feb 28, 2007
949 So. 2d 1141 (Fla. Dist. Ct. App. 2007)

reversing denial of rule 3.800 motion because trial court failed to attach portions of the record that demonstrate the motion was successive

Summary of this case from Wright v. State
Case details for

Arnold v. State

Case Details

Full title:Ivory ARNOLD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Feb 28, 2007

Citations

949 So. 2d 1141 (Fla. Dist. Ct. App. 2007)

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Wright v. State

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