Summary
In Nelson v. State, 805 So.2d 1071 (Fla. 3d DCA 2002), this Court remanded the cause to the trial court for clarification as to whether the trial court intended to sentence Nelson, who was convicted of robbery, as a prison releasee reoffender.
Summary of this case from Nelson v. StateOpinion
Case No. 3D00-906
Opinion filed January 30, 2002.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Roberto Pineiro, Judge. Lower Tribunal No. 97-34507.
Cornelius Nelson, in proper person.
Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.
Before JORGENSON, SHEVIN, JJ., and NESBITT, Senior Judge.
We affirm the order denying defendant's Rule 3.850 motion on all grounds except the ground attacking his sentence as a prison releasee reoffender. The sentencing transcripts do not clearly reflect the court's intent. We remand this cause to the trial court for clarification as to whether the court intended to sentence defendant as a prison releasee reoffender. See Lee v. State, 777 So.2d 418 (Fla. 3d DCA 1998).
Affirmed, in part; cause remanded for clarification.