RODNEY B. MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHIVEES, Chief Judge.
Mitchell appeals the summary denial of his Florida Eule of Criminal Procedure 3.850 motion for postconviction relief. We affirm.
Mitchell’s 3.850 motion alleges that (1) the circuit court did not make the necessary findings to classify Mitchell as a habitual violent felony offender, and (2) the habitual violent felony offender statute is unconstitutional.
The circuit court correctly found that section 775.084, Florida Statutes (1989), is constitutional. Virgil v. State, 577 So. 2d 718 (Fla. 1st DCA 1991).
Mitchell’s factual allegation that the circuit court did not make the necessary findings is facially insufficient. A 3.850 motion requires allegations which are more than mere conclusions. Flint v. State, 561 So. 2d 1343 (Fla. 1st DCA 1990). Accordingly, we affirm without prejudice to Mitchell’s right to file a properly drafted motion. Long v. State, 555 So. 2d 434 (Fla. 1st DCA 1990).
EEYIN and WOLF, JJ., concur.
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Wiley v. State, 604 So. 2d 6 (Fla. 1st DCA 1992)…(Fla. 5th DCA 1990). Therefore, it was properly treated as a motion filed pursuant to rule 3.850 by the trial court. As presently stated, the allegations of the motion are facially insufficient to demonstrate a basis for relief. Mitchell v. State, 581 So. 2d 990, 991 (Fla. 1st DCA 1991). Nevertheless, appellant may have a valid complaint concerning imposition of consecutive mandatory minimum sentences for use of a firearm if, in fact, he was convicted of crimes that occurred in the course of a single crimin…
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Davis v. State, 627 So. 2d 112 (Fla. 1st DCA 1993)…on relief because it is merely a conclusory allegation with no factual support for the contention that the jury venire did not reflect a fair cross-section of the community. See Wooden v. State, 589 So. 2d 372 (Pla. 1st DCA 1991); Mitchell v. State, 581 So. 2d 990 (Fla. 1st DCA 1991). We affirm the trial court’s denial of relief as to this issue without prejudice to the filing of a sufficiently specific motion for posteonviction relief. Appellant also alleges that one Sab-ia Jackson swore by affidavit in sup…
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Bostic v. State, 631 So. 2d 1146 (Fla. 4th DCA 1994)…inal Procedure, did not allege that he would not have been adjudged a habitual offender absent the stipulation, and did not set forth the mitigation factors which should have been considered at sentencing. We agree and affirm. See Mitchell v. State, 581 So. 2d 990 (Fla. 1st [*1147] DCA 1991); Ricco v. State, 474 So. 2d 327 (Fla. 4th DCA 1985). Because the time for filing a rule 3.850 motion has not yet run, our affirmance is without prejudice to the appellant’s ability to file a second, sufficiently detaile…
Authorities Cited
- Flint v. State, 561 So. 2d 1343 (Fla. 1st DCA 1990)
- Long v. State, 555 So. 2d 434 (Fla. 1st DCA 1990)
- Virgil v. State, 577 So. 2d 718 (Fla. 1st DCA 1991)