STEWART v. STATE

No. 94-2175.

650 So.2d 1136 (1995)

Terry Wayne STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 9, 1995.


Attorney(s) appearing for the Case

Terry Wayne Stewart, pro se, appellant.

Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Terry Wayne Stewart seeks review of an order summarily denying a motion for postconviction relief, filed pursuant to Fla. R.Crim.P. 3.850, in which he claimed that he was improperly sentenced as a habitual felony offender. As the state concedes, appellant's motion stated a facial basis for relief in this regard, and the trial court erred in denying such relief without conducting an evidentiary hearing or attaching portions of the record sufficient to conclusively...

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