Kleckley v. State

District Court of Appeal of Florida

Kleckley v. State

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

District Court of Appeal of Florida·Decided April 1, 2009·No. 4D08-3706·Published·Cited by 3 cases

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.

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

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Opinion

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