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Cora v. State
640 So. 2d 1179
Fla. Dist. Ct. App.
1994
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HALL, Judge.

The appellant, Melvin Thomas Cintron Cora, files a motion to correct illegal sentence. He contends the trial court erred in *1180sentencing him to minimum-mandatory prison terms, where the information showed he did not possess a firearm and where the trial court made no finding of or factual recitation showing possession of a firearm. Cora’s motion was summarily denied by the trial court.

In the present case, Cora has sufficiently alleged prejudice. Because the trial court did not reach the merits of Cora’s motion and since we cannot determine from the appellate record whether Cora’s claim can be refuted, we remand to the circuit court to determine whether section 775.087(2), Florida Statutes (1991), was properly involved in this case. Poiteer v. State, 627 So.2d 526 (Fla. 2d DCA 1993).

Reversed and remanded with directions.

SCHOONOVER, A.C.J., and BLUE, J., concur.

Case Details

Case Name: Cora v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 22, 1994
Citation: 640 So. 2d 1179
Docket Number: No. 94-02338
Court Abbreviation: Fla. Dist. Ct. App.
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