Thomas v. State

ALLEN, Judge.

The appellant challenges the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. With regard to four claims asserted by the appellant, we affirm the summary denial. However, we reverse the summary denial of the appellant’s claim that he was sentenced as a habitual felony offender without the requisite prior felony convictions because the attachments to the judge’s order fail to conclusively show no entitlement to relief on this issue.

Pursuant to a written plea agreement in which the appellant agreed to a maximum…