JONATHAN THOMAS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2002-06-20
No. 1D02-1109
BOOTH, MINER and POLSTON, JJ., concur.
819 So. 2d 253 Florida District Court of Appeal, First District (2002) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition seeking a belated appeal of the order entered December 5, 2001, denying petitioner’s motion for postconviction relief in Duval County Circuit Court case number 98-4091-CF-A, is granted. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D).

BOOTH, MINER and POLSTON, JJ., concur.

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    …on a felony that occurred after the instant offenses, appellant’s habitual sentences are illegal. The trial court improperly denied appellant’s motion as successive as the record does not conclusively refute appellant’s claim. See Griffis v. State, 819 So. 2d 253, 254 (Fla. 1st DCA 2002); Clark v. State, 898 So. 2d 1008, 1008-09 (Fla. 2d DCA 2005). We, therefore, reverse the summary denial of appellant’s claim that his habitual sentence is illegal and remand for the attachment of record portions conclusively…

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