Nish v. State
This text of 907 So. 2d 650 (Nish 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.
Opinion
Ojay Curtis NISH a/k/a Curtisnash, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Ojay Curtis Nish, in proper person.
Charles J. Crist, Jr., Attorney General, for appellee.
Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.
PER CURIAM.
Ojay Nish appeals an order summarily denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Defendant-appellant Nish maintains that he does not qualify as a habitual violent felony offender. The trial court denied the motion without comment and without attaching record excerpts which would conclusively show that the defendant is entitled to no relief. Under this court's standard of review, we must reverse. See Fla. R. App. P. 9.141(b)(2)(D).
We remand the case for a hearing or for the attachment of record excerpts which conclusively refute the defendant's claim.
Reversed and remanded.
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Cite This Page — Counsel Stack
907 So. 2d 650, 2005 WL 1762425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nish-v-state-fladistctapp-2005.