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908 So. 2d 1146

Dominguez v. State

District Court of Appeal of Florida

Decided August 16, 2005

District Court of Appeal of Florida · decided 2005-08-16

Cited by 1 later decisions — most recently June 2013

1 state decisions

Relies on 750 So. 2d 153 - Clay v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-08-16

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PER CURIAM.

¶1The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence in which he alleged that he was illegally habitualized for conspiracy to traffic 28 grams or more of cocaine, but less than 200 grams, in 1993. Because the appellant has stated a facially sufficient claim for relief, we reverse and remand.

¶2A habitual sentence for trafficking 28 grams or more of cocaine, but less than 200 grams for an offense committed in 1993, is prohibited and a sentence pursuant to the guidelines is mandated by statute. § 893.135(l)(b)l.a., Fla. Stat. (1993); Clay v. State, 750 So.2d 153 (Fla. 1st DCA 2000).

¶3We accordingly reverse the trial court’s summary denial of the appellant’s motion and remand for the trial court to attach record portions to conclusively refute his claim or sentence him pursuant to the sentencing guidelines in effect when he committed his offense.

¶4REVERSED AND REMANDED.

WEBSTER, VAN NORTWICK and LEWIS, JJ., concur.
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