Moore v. State

Appellant, Marvin Moore, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, raising three issues. We affirm in part, reverse in part and remand.

A trial court may not summarily deny a 3.850 motion alleging that trial counsel failed to object to a habitual-offender sentence which the sentencing court imposed without following proper procedures, unless the court attaches portions of the record that refute such claim. Hall v. State, 603 So.2d 650 (Fla. 1st DCA 1992); Wells v. State, 598 So.2d 259 (Fla. 1st DCA 1992).

It is also reversible error to…