Wylie Billups v. State of Florida

District Court of Appeal of Florida

Wylie Billups v. State of Florida

161 So. 3d 1291, 2015 Fla. App. LEXIS 5112, 2015 WL 1546249

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 2015

Docket4D14-4486

StatusPublished

This text of 161 So. 3d 1291 (Wylie Billups v. State of Florida) 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.

Bluebook

Wylie Billups v. State of Florida, 161 So. 3d 1291, 2015 Fla. App. LEXIS 5112, 2015 WL 1546249 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

Wylie Billups appeals the summary denial of his rule 3.850 motion. We reverse and remand for further consideration of claim 10(a). In claim 10(a) he challenged his conviction and sentence for count IV, a severed count of possession of a firearm by a convicted felon. Billups alleges that he was never found guilty of this count and never pleaded to it. On appeal, the State agrees that the record does not conclusively refute this claim. The record does not show a stipulation or that Billups pleaded to this count. We reverse the summary denial of this claim. The summary denial of the remaining claims is affirmed.

STEVENSON, LEVINE and KLINGENSMITH, JJ., concur.

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PER CURIAM.

Wylie Billups appeals the summary denial of his rule 3.850 motion. We reverse and remand for further consideration of claim 10(a). In claim 10(a) he challenged his conviction and sentence for count IV, a severed count of possession of a firearm by a convicted felon. Billups alleges that he was never found guilty of this count and never pleaded to it. On appeal, the State agrees that the record does not conclusively refute this claim. The record does not show a stipulation or that Billups pleaded to this count. We reverse the summary denial of this claim. The summary denial of the remaining claims is affirmed.

STEVENSON, LEVINE and KLINGENSMITH, JJ., concur.

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Bluebook (online)

161 So. 3d 1291, 2015 Fla. App. LEXIS 5112, 2015 WL 1546249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wylie-billups-v-state-of-florida-fladistctapp-2015.