Arce v. State

Jose M. ARCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 5, 2006.

District Court of Appeal of Florida · decided 2006-07-05

Cited by 2 later decisions — most recently February 2008

2 state decisions

Relies on Bover v. State · 903 So. 2d 1009 - Sheffield v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-07-05

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¶1Jose M. Arce, Crawfordville, pro se.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Jose M. Arce appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand with respect to one of his three claims.

¶5Arce alleged that one of the predicate offenses used to qualify him for habitual offender sentencing was not his conviction. Arce's claim is cognizable in a rule 3.800(a) motion if the error can be determined from the record. See Bover v. State, 797 So.2d 1246 (Fla.2001). Our record does not contain documents to refute this legally sufficient claim. Sheffield v. State, 903 So.2d 1009 (Fla. 4th DCA 2005). Accordingly, we reverse and remand for further review of this point.

¶6FARMER, TAYLOR and HAZOURI, JJ., concur.