Harper v. State

The appellant appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion, in which he alleges that he was erroneously sentenced as a habitual felony offender where the requisite predicate offenses did not exist for the sentence enhancements. Because the appellant’s motion is legally sufficient and the attached record portions do not conclusively show that the appellant is not entitled to relief, we reverse and remand with instructions to the trial court to conduct an evidentiary hearing to determine whether the appellant’s claim merits relief.

The…