CLARENCE BELL, A/K/A/ WILLIE DEAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court reversed summary denial of motion to correct illegal sentence regarding violent career criminal designation, finding the postconviction record did not conclusively refute the sequential conviction requirement claim.
On appeal from summary denial of a Rule 3.800(a) motion, the court must reverse unless the postconviction record conclusively shows the defendant is not entitled to relief.
[1] On appeal from summary denial of postconviction relief, the appellate court must reverse unless the record conclusively demonstrates the defendant is not entitled to any…
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Join FLexlaw to unlock all legal intelligenceClarence Bell appealed an order denying his motion to correct an illegal sentence, arguing he does not qualify as a violent career criminal because hi…
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On Motion for Rehearing
On consideration of the motion for rehearing filed by defendant-appellant Clarence Bell, also known as Willie Dean, the court withdraws its previous opinion and substitutes the following opinion.
This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). In his motion, the defendant contends that he does not qualify as a violent career criminal (“VCC”) because, according to the defendant, his convictions do not satisfy the sequential conviction requirement. See § 775.084(l)(c), (2), (5), Fla. Stat. (1997). The trial court summarily denied the defendant’s Rule 3.800(a) motion, and the defendant has appealed.
On appeal from a summary denial, this court is obligated to reverse unless the postconviction record conclusively shows that the defendant is not entitled to any relief. Fla. RApp. P. 9.141(b)(2)(D). We are unable to say that the limited postcon-viction record now before us conclusively refutes the claim that the sequential conviction requirement was not satisfied. Accordingly we reverse the order now before us solely with respect to the sequential conviction requirement and remand for further proceedings on that issue. If the trial court again summarily denies the claim, the court shall attach records conclusively refuting the claim. We affirm with regard to the remainder of the points raised by the defendant.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.