Bell v. State, 693 So. 2d 700

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.

Case Details

Case Name: Bell v. State

Court Name: District Court of Appeal of Florida

Date Published: May 16, 1997

Citations: 693 So. 2d 700; 1997 WL 255305; 97-00164

Docket Number: 97-00164

Court Abbreviation: Fla. Dist. Ct. App.