JOSE M. ARCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSE M. ARCE, APPELLANT,
STATE OF FLORIDA, APPELLEE
936 So. 2d 651
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Jose M. Arce appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand with respect to one of his three claims.
Arce alleged that one of the predicate offenses used to qualify him for habitual offender sentencing was not his conviction. Arce’s claim is cognizable in a rule 3.800(a) motion if the error can be determined from the record. See Bover v. State, 797 So. 2d 1246 (Fla.2001). Our record does not contain documents to refute this legally sufficient claim. Sheffield v. State, 903 So. 2d 1009 (Fla. 4th DCA 2005). Accordingly, we reverse and remand for further review of this point.
FARMER, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Arce v. State, 946 So. 2d 645 (Fla. 4th DCA 2007)…r sentence. We reversed the summary denial once before because the record did not contain certain documents to refute his claim that one of the predicate offenses used to qualify him for habitual offender sentencing was not his. See Arce v. State, 936 So. 2d 651 (Fla. 4th DCA 2006). After remand, the trial court attached the sentencing transcript, which does not contain the necessary documents to refute appellant’s claim. We note the state’s reference to case number 91-15433 as a qualifying predicate offe…
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Arce v. State, 974 So. 2d 591 (Fla. 4th DCA 2008)…We reversed the denial of relief and remanded. Arce, 946 So. 2d at 654. Two additional opportunities have been afforded to refute that claim or to otherwise demonstrate that Arce qualified [*592] for habitual offender sentencing. See Arce v. State, 936 So. 2d 651 (Fla. 4th DCA 2006). None of the documents furnished as part of the appellate record accomplish either. Consequently, the case is remanded and Arce is to be resentenced without the designation. TAYLOR, MAY and DAMOORGIAN, JJ., concur.…
Authorities Cited
- Bover v. State, 797 So. 2d 1246 (Fla. 2001)
- Sheffield v. State, 903 So. 2d 1009 (Fla. 4th DCA 2005)