Lee v. State
v.
STATE OF FLORIDA, Appellee.
An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge.
Jerry Lee, pro se, Appellant.
Bill McCollum, Attorney General, and Shelly A. R. Chichester, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant challenges the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant claims that he was improperly sentenced as a habitual violent felony offender based on a prior conviction for possession of a firearm by a convicted felon. Possession of a firearm by a convicted felon is not a qualifying offense for habitual violent felony offender sentencing. See sect; 775.084, Fla. Stat. (1996). The trial court summarily denied appellant’s motion without providing record attachments conclusively refuting his claim.
We therefore reverse the trial court’s summary denial of the appellant’s motion to correct an illegal sentence and remand for the trial court to attach portions of the record that conclusively refute the appellant’s claim or to re-sentence the appellant as the record dictates.
REVERSED AND REMANDED.
WOLF, LEWIS, and ROBERTS, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.