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18 So. 3d 1219

Jones v. State

District Court of Appeal of Florida

Decided October 5, 2009

District Court of Appeal of Florida · decided 2009-10-05

Relies on Olvey v. State

Decided 2009-10-05

PER CURIAM.

¶1The appellant challenges the postconviction court’s order denying his claim that his habitual felony offender sentence .is illegal. The record does not contain the judgment and sentence and does not conclusively refute the appellant’s claim. Therefore, we reverse and remand either for additional record portions that refute the appellant’s claim, or further proceedings. See Thomas v. State, 707 So.2d 1189 (Fla. 1st DCA 1998).

¶2REVERSED and REMANDED.

*1220HAWKES, C.J., WOLF, J., and HANKINSON, JAMES C., Associate Judge, concur.
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