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581 So. 2d 990

Mitchell v. State

District Court of Appeal of Florida · decided 1991-06-26

Cited by 3 later decisions — most recently February 1994

3 state decisions

Relies on Flint v. State · 555 So. 2d 434 - Long v. State · 577 So. 2d 718 - Virgil v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-06-26

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SHIVEES, Chief Judge.

¶1Mitchell appeals the summary denial of his Florida Eule of Criminal Procedure 3.850 motion for postconviction relief. We affirm.

¶2Mitchell’s 3.850 motion alleges that (1) the circuit court did not make the necessary findings to classify Mitchell as a habitual violent felony offender, and (2) the habitual violent felony offender statute is unconstitutional.

¶3The circuit court correctly found that section 775.084, Florida Statutes (1989), is constitutional. Virgil v. State, 577 So.2d 718 (Fla. 1st DCA 1991).

¶4Mitchell’s factual allegation that the circuit court did not make the necessary findings is facially insufficient. A 3.850 motion requires allegations which are more than mere conclusions. Flint v. State, 561 So.2d 1343 (Fla. 1st DCA 1990). Accordingly, we affirm without prejudice to Mitchell’s right to file a properly drafted motion. Long v. State, 555 So.2d 434 (Fla. 1st DCA 1990).

EEYIN and WOLF, JJ., concur.
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