Ousley v. State

MICKLE, Judge.

Donald Ousley appeals orders denying his motion for posteonvietion relief and his motion for rehearing. Concluding that the appellant alleged a facially sufficient claim, we reverse the orders and remand for 1) attachment of portions of the record conclusively refuting the allegations, 2) an evidentiary hearing to resolve factual questions, or 3) an order directing the enhanced sentences to run concurrently.

In 1989, Ousley was convicted on two counts of sale of cocaine, a crime pursuant to section 893.13(1)(a), Florida Statutes. The trial court adjudicated him an habitual felony…