SHAMIEKKA FORD
v.
STATE OF FLORIDA
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When a defendant raises a facially sufficient Rule 3.800(a) claim that her sentence is illegal, the trial court must either grant relief or attach record portions conclusively establishing the sentence's legality.
[1] When a defendant raises a facially sufficient claim under Florida Rule of Criminal Procedure 3.800(a) that a sentence is illegal, the trial court must either grant the re…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“At best, the record is inconclusive as to whether defendant is entitled to relief [on his claim that he did not qualify as a habitual felony offender]. Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.”
Citation to Gavino v. State, 932 So. 2d 560, 561 (Fla. 3d DCA 2006), establishing the standard for remand when records are inconclusive.
Shamiekka Ford appealed the denial of her Rule 3.800(a) motion challenging her sentence as an illegal habitual violent felony offender designation. Th…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SHAMIEKKA FORD,
Appellant,
v. Case No. 5D19-990
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed August 23, 2019
3.800 Appeal from the Circuit Court for Osceola County, Wayne Wooten, Judge.
Shamiekka Ford, Ocala, pro se.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant, Shamiekka Ford, appeals the denial of her Florida Rule of Criminal Procedure 3.800(a) motion alleging that her sentence is illegal because she was improperly sentenced as a habitual violent felony offender. Here, the records attached by the trial court do not refute Appellant’s facially sufficient claim. We therefore remand to the trial court to either grant the relief requested or attach portions of the record establishing that the sentence is legal on the face of the record. See Gavino v. State,
2
932 So. 2d 560, 561 (Fla. 3d DCA 2006) (“At best, the record is inconclusive as to whether defendant is entitled to relief [on his claim that he did not qualify as a habitual felony offender]. Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.”); cf. Green v. State, 111 So. 3d 248, 248–50 (Fla. 1st DCA 2013) (“The appellant filed the instant rule 3.800(a) motion arguing that the trial court erred by sentencing him as a Sexual Predator. He claims that the attempted sexual battery occurred prior to the effective date of the Sexual Predators Act[.] . . . Thus, he claims, he is not subject to the Sexual Predators Act. He seeks to have this designation rescinded. . . . The State has conceded that the trial court failed to attach the portion of the record that conclusively refutes the appellant’s claim, and that the case should be reversed and remanded for record attachments refuting the claim.” (citation omitted)); Acres v. State, 925 So. 2d 435, 437 (Fla. 5th DCA 2006). REVERSED and REMANDED. EVANDER, C.J., EISNAUGLE, J., and JACOBUS, B.W., Senior Judge, concur.
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- Qui Vinh Phuoc Nguyen v. State, 925 So. 2d 435 (Fla. 5th DCA 2006)
- Margiotti v. State, 932 So. 2d 560 (Fla. 3d DCA 2006)
- Green v. State, 111 So. 3d 248 (Fla. 1st DCA 2013)