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Harris v. State

District Court of Appeal of Florida, Second District
Nov 2, 1994
644 So. 2d 345 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-02760.

November 2, 1994.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Sarasota County; Robert B. Bennett, Jr., Judge.


James C. Harris, Jr. challenges the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied Harris's motion on the basis it was successive and that claims raised therein had already been disposed of by a previous trial court order. Since, however, the trial court failed to attach the documents upon which its order of denial relied, we remand for attachment of those documents — which, of course, must conclusively refute Harris's claims — or for further proceedings.

Accordingly, the instant cause is remanded with directions consistent with this opinion.

CAMPBELL, A.C.J., and THREADGILL and QUINCE, JJ., concur.


Summaries of

Harris v. State

District Court of Appeal of Florida, Second District
Nov 2, 1994
644 So. 2d 345 (Fla. Dist. Ct. App. 1994)
Case details for

Harris v. State

Case Details

Full title:JAMES C. HARRIS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 2, 1994

Citations

644 So. 2d 345 (Fla. Dist. Ct. App. 1994)

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