MICHAEL GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court's order denying the motion to correct sentence must be reversed due to insufficient attachments to the record.
Michael Green appealed an order denying his motion to correct sentence, alleging an illegal habitual offender sentence. This was the second appeal on …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Correct Sentence cases and more on FLexlaw
PARKER, Judge.
Michael Green appeals the trial court order denying his motion to correct sentence. We reverse because of insufficient attachments to the record.
This is the court’s second attempt to resolve Michael Green’s appeal from a motion to correct sentence. Green’s original motion alleged that he was sentenced on December 10.1991, under three circuit court case numbers. The motion further alleged that one of the three sentences was an illegal sentence because he was sentenced to eighteen years as a habitual offender without the trial court being provided with the necessary predicate documents to support a habitual sentence. Following the appeal from the trial court’s denial of that motion, this court reversed and remanded the case to the trial court to address the allegation of the illegal habitual sentence. See Green v. State, 661 So. 2d 77 (Fla. 2d DCA 1995).
The trial court again denied Green’s motion and attached sentencing documents in Circuit Court Case No. 90-8498, which reflect that Green was sentenced on November 7.1991, to twelve years in prison and was not adjudged to be a habitual offender. However, the order does not address Circuit Court Case Nos. 91-06245 and 91-10679 which were contained in Green’s original motion. Supplemental court records which this court has ordered from the Clerk of Circuit Court reflect that Green was sentenced to concurrent terms of eighteen years in prison as a habitual felony offender in Case Nos. 91-06245 and 91-10679. Although the trial court’s attachments resolved Green’s allegation as to Circuit Court Case No. 90-9498, this court cannot resolve Green’s allegations of a lack of predicate for sentencing as a habitual felony offender in Case Nos. 91-06245 and 91-10679. We are compelled again to reverse and remand this case to the trial court to provide adequate attachments to its order to justify the denial of Green’s motion.
Reversed and remanded.
DANAHY, AC.J., and LAZZARA, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bell v. State, 693 So. 2d 700 (Fla. 2d DCA 1997)…that he was illegally sentenced as a habitual felony offender. Bell alleges that he does not have the predicate offenses to be sentenced as a habitual felony offender, and that his habitual offender sentence is therefore illegal. See Green v. State, 662 So. 2d 985 (Fla. 2d DCA 1995). The trial court denied the motion without attaching any documentation which would refute this claim. Accordingly we reverse. On remand, should the trial court again deny the motion, it must attach portions of the record which r…
Authorities Cited
- Green v. State, 661 So. 2d 77 (Fla. 2d DCA 1995)