Markens v. State

The appellant, Arthur Markens, appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800 filed in the trial court on November 13, 2000.

Because the record attachments, which were ultimately provided to the court by the state, fail to refute Markens’ claim that he did not qualify for a habitual offender sentence in circuit court case numbers 97-2600 and 97-6997, we reverse on this issue.

In cases 97-2600 and 97-6997, Markens was sentenced as a habitual offender. In his motion, he alleged that he did not qualify for habitual…