Kleckley v. State

District Court of Appeal of Florida

Kleckley v. State

4 So. 3d 1290, 2009 Fla. App. LEXIS 2939, 2009 WL 838312

CourtDistrict Court of Appeal of Florida

DecidedApril 1, 2009

Docket4D08-3706

StatusPublished

Cited by3 cases

This text of 4 So. 3d 1290 (Kleckley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kleckley v. State, 4 So. 3d 1290, 2009 Fla. App. LEXIS 2939, 2009 WL 838312 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

We reverse the summary denial of appellant’s claim that his habitual sentence imposed for count two is illegal and remand for the attachment of record portions conclusively refuting his claim or for resentencing. See Bover v. State, 797 So.2d 1246, 1251 (Fla.2001). See also McNair v. State, 920 So.2d 111 (Fla. 1st DCA 2006). We affirm the trial court’s denial of appellant’s other claim.

WARNER, TAYLOR and MAY, JJ., concur.

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PER CURIAM.

We reverse the summary denial of appellant’s claim that his habitual sentence imposed for count two is illegal and remand for the attachment of record portions conclusively refuting his claim or for resentencing. See Bover v. State, 797 So.2d 1246, 1251 (Fla.2001). See also McNair v. State, 920 So.2d 111 (Fla. 1st DCA 2006). We affirm the trial court’s denial of appellant’s other claim.

WARNER, TAYLOR and MAY, JJ., concur.

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Bluebook (online)

4 So. 3d 1290, 2009 Fla. App. LEXIS 2939, 2009 WL 838312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleckley-v-state-fladistctapp-2009.

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