07-2916 JAMES E. PHILLIPS, III v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-2916

Case Date: 01/23/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES E. PHILLIPS, III, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed January 23, 2008. An appeal from the Circuit Court for Duval County. Hugh A. Carithers, Judge. James E. Phillips, III, pro se, Appellant. Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2916

PER CURIAM. The appellant challenges the trial court's order denying his Florida Rule of Criminal Procedure 3.800(a) motion. He pled guilty to possession of a firearm by a convicted felon and battery on a law-enforcement officer, for which he was sentenced as a habitual felony offender to concurrent terms of 20 years' imprisonment and 10 years' imprisonment, respectively. In his motion, the appellant claimed his sentences

were illegal because he lacks the sequential predicate offenses required by section 775.084(5), Florida Statutes (Supp. 1996). The record on appeal demonstrates that all the appellant's prior convictions were entered on the same day during the same sentencing proceedings. See State v. Richardson, 915 So. 2d 86 (Fla. 2005) (rejecting the argument that a defendant is "sentenced" only after he violates the terms of his probation and supervision is revoked). Because the trial court's attachments do not conclusively refute the appellant's claim, we reverse and remand this case for resentencing. See Kuzminski v. State, 848 So. 2d 1229 (Fla. 2d DCA 2003) (reversing and remanding for resentencing where the trial court's attachments did not conclusively refute the appellant's claim that he lacked predicate offenses to be sentenced as a habitual felony offender). REVERSED AND REMANDED. BROWNING, C.J., VAN NORTWICK and ROBERTS, JJ., CONCUR.

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