Florida District Courts of Appeal, 2002

McDonald v. State

McDonald v. State
Florida District Courts of Appeal · Decided April 24, 2002 · Gross, Klein, Taylor
814 So. 2d 1212; 2002 Fla. App. LEXIS 5215; 2002 WL 663060 (Southern Reporter, Second Series)

McDonald v. State

Opinion of the Court

PER CURIAM.

Adrian McDonald alleges that he did not have the predicate convictions to declare him a habitual offender. The trial court denied the motion as not cognizable under Rule 3.800(a). We reverse and remand for the trial court to consider whether it is apparent from the face of the record that McDonald did not have the requisite predicate felonies as a matter of law. Bover v. State, 797 So.2d 1246 (Fla. 2001); Alloway v. State, 807 So.2d 187 (Fla. 1st DCA 2002).

KLEIN, GROSS and TAYLOR, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.