From Casetext: Smarter Legal Research

Mills v. State

District Court of Appeal of Florida, Second District
Oct 22, 1993
625 So. 2d 970 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-02257.

October 22, 1993.

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


Gregory Mills appeals the summary denial of his motion for postconviction relief. We reverse.

In his motion for postconviction relief, Mills claims that he could not be sentenced as a habitual offender upon revocation of community control because at the time he entered his plea for the underlying offense, the state did not file notice of intent to seek a habitualized sentence and he was sentenced pursuant to the guidelines for the underlying offense. If Mills' claim is true, he is entitled to relief. See Snead v. State, 616 So.2d 964 (Fla. 1993). Because the order of denial and attachments do not adequately refute Mills' claim, we reverse and remand for further proceedings.

On remand the trial court may again summarily deny Mills' motion and attach those portions of the record refuting his claim or hold an evidentiary hearing.

Reversed.

HALL, A.C.J., and PATTERSON and BLUE, JJ., concur.


Summaries of

Mills v. State

District Court of Appeal of Florida, Second District
Oct 22, 1993
625 So. 2d 970 (Fla. Dist. Ct. App. 1993)
Case details for

Mills v. State

Case Details

Full title:GREGORY MILLS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 22, 1993

Citations

625 So. 2d 970 (Fla. Dist. Ct. App. 1993)