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940 So. 2d 605

Docket No. 4D06-3405.

Eubanks v. State

James EUBANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 1, 2006.

District Court of Appeal of Florida · decided 2006-11-01

Relies on Johnson v. State · 932 So. 2d 431 - James v. State

Decided 2006-11-01

¶1James Eubanks, Indiantown, pro se.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The order denying the appellant's rule 3.800(a) motion to correct illegal sentence is reversed, and the case is remanded to the lower court for attachment of records that conclusively refute the allegations in the motion. See Fenelon v. State,932 So.2d 431 (Fla. 4th DCA 2006) (reversing because the "trial court failed to attach record evidence to refute the facially sufficient claim") (citing Johnson v. State,665 So.2d 380 (Fla. 4th DCA 1996)).

¶5GUNTHER, POLEN and SHAHOOD, JJ., concur.

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