DAVID EDWARD THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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David Edward Thomas challenged the summary denial of his post-conviction relief motion, claiming he was improperly sentenced as a habitual offender without sufficient prior convictions. The court affirmed the denial of four claims but reversed the summary denial of the habitual offender sentencing claim because the trial judge failed to attach conclusive documentary evidence supporting the sentence.
The court reversed the summary denial of Thomas's habitual offender claim because the trial judge's order failed to attach the certified judgment of the prior armed robbery conviction or other documentary evidence conclusively showing that Thomas was not entitled to relief on this issue.
[1] A motion for post-conviction relief must be summarily denied if the attachments to the order conclusively show that the movant is not entitled to relief.
[2] A court order summarily denying a motion for post-conviction relief is deficient if it fails to attach record evidence that conclusively refutes the movant's claims.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the appellant claims that with only one prior conviction, he did not qualify as a "habitual offender" under section 775.084(l)(a)(l), Florida Statutes (1989)”
Establishes the central legal issue—whether one prior conviction is sufficient for habitual offender sentencing.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThomas entered into a plea agreement agreeing to a maximum twenty-year sentence as a habitual offender and pled guilty to three counts of robbery, rec…
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ALLEN, Judge.
The appellant challenges the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. With regard to four claims asserted by the appellant, we affirm the summary denial. However, we reverse the summary denial of the appellant’s claim that he was sentenced as a habitual felony offender without the requisite prior felony convictions because the attachments to the judge’s order fail to conclusively show no entitlement to relief on this issue.
Pursuant to a written plea agreement in which the appellant agreed to a maximum twenty-year sentence “as [a] habitual offender,” the appellant pled guilty to three counts of robbery and was sentenced to eighteen years’ imprisonment. The appellant claims that with only one prior conviction, he did not qualify as a “habitual offender” under section 775.084(l)(a)(l), Florida Statutes (1989). The trial judge apparently conceded that the appellant had only one prior conviction, but wrote in his order that the prior conviction was for armed robbery, an enumerated offense under section 775.084(l)(b), qualifying appellant for habitualization as a habitual violent felony offender.
However, the trial judge did not attach the certified judgment of the armed robbery conviction or any other record evidence to show that the appellant is not entitled to relief.
Thus, even assuming that the two classifications are interchangeable, see Trott v. State, 579 So. 2d 807 (Fla. 5th DCA. 1991), the order is deficient and we must therefore reverse and remand for the necessary attachments or for an evidentiary hearing. See, e.g., Thomas v. State, 580 So. 2d 900 (Fla. 1st DCA 1991).
BOOTH and BENTON, JJ., concur.
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Rousseau v. State, 658 So. 2d 1190 (Fla. 1st DCA 1995)…lea, or his satisfaction with the services of his attorney. The order is, therefore, deficient and we must reverse and remand for the necessary attachments or for an eviden-tiary hearing. Hoffman v. State, 571 So. 2d 449 (Fla.1990); Thomas v. State, 642 So. 2d 673 (Fla. 1st DCA 1994). JOANOS, WOLF and WEBSTER, JJ., concur.…
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Hart v. State, 811 So. 2d 785 (Fla. 3d DCA 2002)…to show that defendant is not entitled to relief. The court did not attach the certified judgment of a qualifying conviction. Accordingly, we reverse the order and remand for the necessary attachment or an evidentiary hearing.1 See Thomas v. State, 642 So. 2d 673 (Fla. 1st DCA 1994). Reversed and remanded. . The resolution of this issue notwithstanding, the state correctly concedes that the habitual violent felony offender sentence imposed must be vacated as it exceeds a permissible sentence for a third…
Authorities Cited
- Trott v. State, 579 So. 2d 807 (Fla. 5th DCA 1991)
- Neal v. State, 580 So. 2d 900 (Fla. 1st DCA 1991)