From Casetext: Smarter Legal Research

Green v. State

District Court of Appeal of Florida, Second District
Jul 15, 1994
639 So. 2d 197 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-03656.

July 15, 1994.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.


James Leroy Green appeals the denial of his motion for postconviction relief. We reverse.

Green pleaded guilty to burglary of a conveyance and petit theft. On November 13, 1990, Green was sentenced as a habitual felony offender to three years of probation on count one, and to time served on count two. Green later pleaded guilty to violating his probation and was sentenced to ten years as a habitual felony offender.

Of the several grounds raised in Green's motion, only one merits discussion. Green alleges that his habitual offender sentence is improper. The trial court, although denying the motion, did not attach any records or documents refuting this allegation. Accordingly, we reverse and remand. The trial court may again deny the motion by attaching copies of the files and records in this case that demonstrate Green is not entitled to relief.

Reversed and remanded.

DANAHY, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.


Summaries of

Green v. State

District Court of Appeal of Florida, Second District
Jul 15, 1994
639 So. 2d 197 (Fla. Dist. Ct. App. 1994)
Case details for

Green v. State

Case Details

Full title:JAMES LEROY GREEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 15, 1994

Citations

639 So. 2d 197 (Fla. Dist. Ct. App. 1994)