FREDRICK R. COKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FREDRICK R. COKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
679 So. 2d 841
Florida District Court of Appeal, Second District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Fredrick Coker appeals from the summary denial of Ms motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for the correction of the clerical error on the written sentence in case number 89-12258, to show that Coker is not serving a habitual offender sentence. We affirm the demal of Ms motion in all other respects.
Affirmed in part and remanded for correction of sentence.
PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
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Rodrick Carter v. State, 687 So. 2d 1321 (Fla. 4th DCA 1997)…s on this ground were legally sufficient and, thus, required either an evidentiary hearing or attachment of portions of the record not previously attached to refute them. See Pennington v. State, 680 So. 2d 507 (Fla. 1st DCA 1996); Wallace v. State, 679 So. 2d 841 (Fla. 2d DCA 1996); Mallory v. State, 577 So. 2d 987 (Fla. 4th DCA 1991). Thus, on this ground, we reverse and remand the cause to the trial court in order that the trial court may either conduct an evidentiary hearing on the issue or, in the alte…