ALFRED TYSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court reversed summary denial of post-conviction relief motion where trial court failed to attach required documents to the record to support its finding that a plea agreement constituted adequate notice of habitual offender status.
A trial court's summary denial of a Rule 3.850 post-conviction motion must be supported by documents attached to the appellate record that conclusively show the defendant is entitled to no relief.
[1] When a trial court summarily denies a Rule 3.850 post-conviction motion, the appellate record must include the documents upon which the trial court relied to support its…
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Join FLexlaw to unlock all legal intelligenceTyson pleaded guilty to battery on a law enforcement officer and resisting arrest without violence, was sentenced to five years imprisonment as a habi…
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SHIVERS, Judge.
Appellant, Alfred Tyson, appeals the trial court’s summary denial of his Rule 3.850 motion for post-conviction relief. The record indicates that Tyson was convicted of one count of battery on a law enforcement officer and one count of resisting arrest without violence, after pleading guilty, and was sentenced to five years imprisonment as a habitual offender, followed by one year of probation. He then filed a timely motion for post-conviction relief, arguing that the trial court had erred in finding him to be a habitual offender without providing the required written notice. The trial court summarily denied the motion, finding that the defendant’s written plea agreement, signed on May 22,1990, constituted notice. Although the trial court’s order states that the plea agreement, the order determining habitual offender status, and the judgment and sentence are attached, none of those documents appear in the record on appeal. We therefore reverse the trial court’s order denying appellant’s motion, and remand for the court to attach portions of the record or files conclusively showing that the defendant is entitled to no relief, or to take such further action as is required by Rule 3.850.
REVERSED and REMANDED.
BOOTH and ALLEN, JJ., concur.