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2002-03 |
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.PER CURIAM. We reverse the order denying defendant’s Rule 3.800 motion. Defendant contends that he does not have the requisite convictions to qualify him as a habitual violent felony offender. The record fails to show that defendant is not entitled to relief. The court did not attach the certified judgment of a qualifying conviction. Accordingly, we reverse the order and remand for the necessary attachment or an evidentiary hearing.
1 See Thomas v. State, 642 So.2d 673 (Fla. 1st DCA 1994).Reversed and remanded.
. The resolution of this issue notwithstanding, the state correctly concedes that the habitual violent felony offender sentence imposed must be vacated as it exceeds a permissible sentence for a third degree felony,
Document Info
Docket Number: No. 3D00-2658
Judges: Green, Nesbitt, Shevin
Filed Date: 3/13/2002
Precedential Status: Precedential
Modified Date: 10/18/2024