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890 So. 2d 1292

Docket No. 2D04-2694.

Snell v. State

Cebert H. SNELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 21, 2005.

District Court of Appeal of Florida · decided 2005-01-21

Cited by 5 later decisions — most recently June 2016

5 state decisions

Relies on 703 So. 2d 1071 - Casterline v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-01-21

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¶1PER CURIAM.

¶2Cebert Snell appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm in part the order of the trial court, but we reverse and remand for reconsideration of one of Snell's claims.

¶3In his motion, Snell argued that he admitted violating a condition of his probation that was imposed by his probation officer but was not included in the order of probation entered by the trial court. He claimed that the enhancement of his probation violated his right against double jeopardy. The trial court considered the claim as one filed pursuant to rule 3.800(a) and denied the claim because Snell did not demonstrate that his entitlement to relief is apparent from the court records.

¶4We disagree and conclude that Snell has stated a facially sufficient claim for relief, and the trial court should have considered his claim as one filed pursuant to Florida Rule of Criminal Procedure 3.850. See Casterline v. State,703 So.2d 1071 (Fla. 2d DCA 1997). The record before this court does not refute Snell's claim. Therefore, we reverse and remand for proceedings consistent with rule 3.850.

¶5Reversed and remanded.

¶6ALTENBERND, C.J., and FULMER and CASANUEVA, JJ., concur.

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