From Casetext: Smarter Legal Research

Williams v. State

District Court of Appeal of Florida, First District
Nov 19, 1993
626 So. 2d 1092 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1689.

November 19, 1993.

Appeal from the Circuit Court, Madison County, L. Arthur Lawrence, Jr., J.

Nathan Williams, pro se, for appellant.

No appearance, for appellee.


Among the grounds of Appellant's rule 3.850 motion for post conviction relief, Appellant alleged that his plea is invalid because he agreed to be sentenced as an habitual felony offender when he did not qualify for such sentencing because he had only one prior conviction at the time of sentencing. Since the sentencing guidelines score sheet incorporated in the motion shows on its face that Appellant had only one prior felony conviction, and section 775.084(1)(a), Florida Statutes (1991), requires at least two such convictions to qualify for sentencing as an habitual felony offender, we reverse the order of the trial court denying the motion on this ground and remand for further proceedings under the rule. Contrary to the recitations in the appealed order, Appellant's motion was not required to set forth allegations of the names of the courts and case numbers of all of his prior felony convictions. Thompson v. State, 599 So.2d 244 (Fla. 1st DCA 1992).

REVERSED AND REMANDED.

ZEHMER, C.J., and BOOTH and JOANOS, JJ., concur.


Summaries of

Williams v. State

District Court of Appeal of Florida, First District
Nov 19, 1993
626 So. 2d 1092 (Fla. Dist. Ct. App. 1993)
Case details for

Williams v. State

Case Details

Full title:NATHAN WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 19, 1993

Citations

626 So. 2d 1092 (Fla. Dist. Ct. App. 1993)