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693 So. 2d 700

Docket No. 97-00164.

Bell v. State

Oliver G. BELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1997-05-16

Cited by 5 later decisions — most recently October 2001

5 state decisions

Relies on Green v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-05-16

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¶1PER CURIAM.

¶2Appellant, Oliver G. Bell, seeks review of the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We reverse because the trial court's order failed to address or refute Bell's facially sufficient *701 claim that he was illegally sentenced as a habitual felony offender. Bell alleges that he does not have the predicate offenses to be sentenced as a habitual felony offender, and that his habitual offender sentence is therefore illegal. See Green v. State,662 So.2d 985 (Fla. 2d DCA 1995). The trial court denied the motion without attaching any documentation which would refute this claim.

¶3Accordingly we reverse. On remand, should the trial court again deny the motion, it must attach portions of the record which refute Bell's claim.

¶4Reversed and remanded.

¶5CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., concur.

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