DON ALVIN PARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court erred in denying the motion to correct an illegal sentence without reaching its merits.
Parris pleaded guilty as a habitual offender based on a plea agreement. He later claimed he did not have the two prior felony convictions required to …
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PER CURIAM.
Don Parris appeals the denial of his motion to correct illegal sentence, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse.
Pursuant to a plea agreement, Parris pled guilty as a habitual offender to concurrent five and one-half-year prison terms for grand theft and burglary. Parris now claims that he does not possess the requisite two prior felony convictions to support his status as a habitual offender. If true, his sentence would be illegal. See Judge v. State, 596 So. 2d 73 (Fla. 2d DCA), review denied, 613 So. 2d 5 (Fla.1992) (habitual offender sentence is illegal if prior offense necessary to qualify defendant as habitual offender does not exist). The trial court denied the motion without reaching its merits. Thus, we are unable to determine whether the appellant qualifies as a habitual offender. Accordingly, we reverse and remand for further proceedings. If the trial court again denies the motion, it should attach portions of the records and files which refute the appellant’s allegations. Any party aggrieved by the subsequent action of the trial court must file a timely notice of appeal to obtain further appellate review.
Reversed and remanded.
CAMPBELL, A.C.J., and BLUE and LAZZARA, JJ., concur.
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LEE v. State, 731 So. 2d 71 (Fla. 2d DCA 1999)…rown v. State, 609 So. 2d 730, 732 (Fla. 1st DCA 1992). We therefore conclude that Lee is not precluded from attacking his habitual offender sentence as being illegal simply because he entered into a plea agreement. Our decision in Parris v. State, 629 So. 2d 323 (Fla. 2d DCA 1993), is disposi-tive on this point. In Parris, the defendant pleaded guilty as a habitual offender to concurrent five and one-half year prison terms pursuant to a plea agreement. The defendant then claimed that he did not possess the…
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Smith v. State, 638 So. 2d 202 (Fla. 2d DCA 1994)…nd remand for further proceedings. If the trial court should again deny the motion, it must attach those portions of the record that conclusively refute Smith’s allegation that he was illegally sentenced as a habitual felony offender. Pams v. State, 629 So. 2d 323 (Fla. 2d DCA 1993). Any party aggrieved by the subsequent action of the trial court must file a timely notice of appeal to obtain further appellate review. HALL, A.C.J., and THREADGILL and LAZZARA, JJ., concur.…
Authorities Cited
- Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)