JUAN O. DOMINGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2005-08-16
No. 1D05-1558
WEBSTER, VAN NORTWICK and LEWIS, JJ., concur.
908 So. 2d 1146 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The 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.

A 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).

We 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.

REVERSED AND REMANDED.

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


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  • Thompson v. State, 124 So. 3d 244 (Fla. 1st DCA 2013)
    …d ammunition by a convicted felon, thus rendering his plea involuntary. The trial court denied the motion basically because the appellant entered a plea. Notwithstanding the negotiated plea, the appellant’s claims are cognizable. See Cox v. State, 908 So. 2d 1146 (Fla. 1st DCA 2005); Pearson v. State, 867 So. 2d 517 (Fla. 1st DCA 2004). Furthermore, we conclude these claims are facially sufficient. See Hill v. State, 711 So. 2d 1221 (Fla. 1st DCA 1998); Francis v. State, 41 So. 3d 975 (Fla. 5th DCA 2010); Bo…

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