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643 So. 2d 1197

Massey v. State

District Court of Appeal of Florida

Decided October 21, 1994

District Court of Appeal of Florida · decided 1994-10-21

Relies on 630 So. 2d 521 - Hale v. State · 630 So. 2d 527 - Brooks v. State · Callaway v. State

Decided 1994-10-21

PER CURIAM.

¶1The defendant has alleged in a Rule 3.800(a) proceeding that his consecutive habitual offender sentences are illegal citing Hale v. State, 630 So.2d 521 (Fla.1993) and Brooks v. State, 630 So.2d 527 (Fla.1993).1 The trial court summarily denied the defendant’s motion on the basis that while the defendant was found to be a habitual offender the court did not impose enhanced sentences under the habitual offender statute. However, the trial court did not attach any portions of the record to support the summary denial of the defendant’s motion. Therefore, we reverse and remand to the trial court to conduct an evidentiary hearing or attach those portions of the record which refute the defendant’s claims. See Fla. R.App.P. 9.140(g).

¶2REVERSED and REMANDED with directions.

DAUKSCH, COBB and GOSHORN, JJ., concur.

¶3. Halehas been applied retroactively in 3.800(a) proceedings. See Callaway v. State, 642 So.2d 636 (Fla. 2d DCA 1994).

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