Florida District Courts of Appeal, 2004

Barletta v. State

Barletta v. State
Florida District Courts of Appeal · Decided November 10, 2004 · Klein, Polen
886 So. 2d 322; 2004 Fla. App. LEXIS 17073; 2004 WL 2535231 (Southern Reporter, Second Series)

Barletta v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s summary denial of appellant’s motion for relief pursuant to Florida Rule of Criminal Procedure 3.850, and remand for an evidentiary hearing or attachment of those portions of *323the record which conclusively refute appellant’s claimed entitlement to relief. In so doing, we reject the state’s argument that our per curiam affirmance in Barletta v. State, 842 So.2d 124 (Fla. 4th DCA 2003) bars appellant’s claim that his sentence is an illegal habitual offender sentence under the collateral estoppel doctrine. See State v. McBride, 848 So.2d 287 (Fla. 2003); Shelton v. State, 739 So.2d 1235 (Fla. 4th DCA 1999).

POLEN, KLEIN and MAY, JJ., concur.

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