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Florida District Courts of Appeal, 2009

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided October 5, 2009 · Hankinson, Hawkes, James, Wolf
18 So. 3d 1219; 2009 Fla. App. LEXIS 14842; 2009 WL 3164126 (Southern Reporter, Third Series)

Jones v. State

Opinion of the Court

PER CURIAM.

The appellant challenges the postconviction court’s order denying his claim that his habitual felony offender sentence .is illegal. The record does not contain the judgment and sentence and does not conclusively refute the appellant’s claim. Therefore, we reverse and remand either for additional record portions that refute the appellant’s claim, or further proceedings. See Thomas v. State, 707 So.2d 1189 (Fla. 1st DCA 1998).

REVERSED and REMANDED.

*1220HAWKES, C.J., WOLF, J., and HANKINSON, JAMES C., Associate Judge, concur.

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