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

District Court of Appeal of Florida·Decided April 8, 2015·No. 4D14-4486·Published

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.

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

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