Wilson v. State

Appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach portions of the record conclusively refuting appellant’s claim, we reverse.

Pursuant to a negotiated plea agreement, appellant pled guilty to two felonies and was sentenced to consecutive 10-year terms of imprisonment as an habitual violent felony offender (HVFO) on February 15, 1991. On December 21, 2000, the underlying predicate offense, a 1984 robbery conviction, was vacated by a Maryland court.…