CURTIS V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 OJAY CURTIS NISH a/k/a CURTISNASH, ** ** Appellant, ** vs. CASE NO. 3D05-1012 ** THE STATE OF FLORIDA, ** Appellee. LOWER TRIBUNAL NO. 03-18153 ** Opinion filed July 27, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge. Ojay Curtis Nish, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. PER CURIAM. Ojay Nish appeals an order summarily denying his motion to correct illegal sentence Procedure 3.800(a). under Florida Rule of Criminal Defendant-appellant Nish maintains that he does not qualify as a habitual violent felony offender. The trial court denied the motion without comment and without attaching record excerpts which would conclusively show that the defendant is entitled to no relief. of review, we must reverse. Under this court s standard See Fla. R. App. P. 9.141(b)(2)(D). We remand the case for a hearing or for the attachment of record excerpts which conclusively refute the defendant s claim. Reversed and remanded. 2

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