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Starkes v. State

District Court of Appeal of Florida, First District
Oct 13, 2010
46 So. 3d 621 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D10-2594.

October 13, 2010.

An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge.

Jimmy D. Starkes, pro se, Appellant.

Bill McCollum, Attorney General, and Samuel A. Perrone, Assistant Attorney General, Tallahassee, for Appellee.


The appellant seeks review of the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). His motion alleges that the trial court erred in imposing a habitual felony offender sentence for the offense of possession of cocaine. Section 775.084(1)(a)(3), Florida Statutes, provides that the felony for which the defendant is being sentenced and one of the two predicate offenses cannot be a conviction relating to the purchase or the possession of a controlled substance. The postconviction court failed to attach any record attachments which refute the appellant's claim that he was habitualized for a possession conviction.

Accordingly, we reverse the denial of the rule 3.800(a) motion and remand to either attach portions of the record refuting the appellant's claim or strike the habitual felony offender designation.

REVERSED AND REMANDED.

WEBSTER, LEWIS, and MARSTILLER, JJ., concur.


Summaries of

Starkes v. State

District Court of Appeal of Florida, First District
Oct 13, 2010
46 So. 3d 621 (Fla. Dist. Ct. App. 2010)
Case details for

Starkes v. State

Case Details

Full title:Jimmy D. STARKES, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 13, 2010

Citations

46 So. 3d 621 (Fla. Dist. Ct. App. 2010)

Citing Cases

Starkes v. Sec'y, Fla. Dep't of Corr.

The circuit court denied the motion on April 12, 2010, see id. at 7-8, and later denied his motion for…