CARL POITIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant filed a motion to correct illegal sentence claiming he did not qualify for a habitual felony offender enhancement due to a lack of sequential convictions. The lower court denied appellant’s motion, citing to records that conclusively refuted the allegation. However, the records were merely cited and not attached. As such, we are compelled to reverse and remand for attachment of those records. See Bennett v. State, 946 So. 2d 84 (Fla. 4th DCA 2006) (reversing the denial of a rule 3.800(a) motion because the order on appeal did not include record attachments that refuted the allegations of the motion).
SHAHOOD, C.J., GUNTHER and MAY, JJ., concur.
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In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 973 So. 2d 548 (Fla. 2d DCA 2008)…sing on factors that the panel members felt were not sufficiently addressed in the evidence. In so doing the panel ignored the obvious truth that the presence or absence of any of those factors is not determinative. Thus, for example, in In re Doe, 967 So. 2d 1017 (Fla. 4th DCA 2007), the Fourth District rejected the trial judge’s finding that the petitioner was not mature enough to determine whether to terminate her pregnancy based in part on the fact that she had not yet spoken to any medical experts. “Alth…
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In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe, 113 So. 3d 882 (Fla. 2d DCA 2012)…side of her home, has never earned any money other than a small weekly allowance, and has had very little exposure to handling personal finances. These facts are evidence of lack of the required maturity. Cf. In re Doe, 973 So. 2d at 550; In re Doe, 967 So. 2d 1017, 1020 (Fla. 4th DCA 2007). In addition, while it is true that petitioner expressed educational and career aspirations and makes good grades in school, the court took notice at the hearing that petitioner’s high school is a nontraditional, on-line sc…
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- Bennett v. State, 946 So. 2d 84 (Fla. 4th DCA 2006)