Bell v. State

Full title: OLIVER G. BELL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: May 16, 1997

693 So. 2d 700 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-00164

Opinion filed May 16, 1997.

Appeal pursuant to Fla. R. App. P. 9.140(g) from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

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.