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Neals v. State

Florida Court of Appeal, Fourth District

January 18, 2012

Tyrice NEALS, Appellant,
v.
STATE of Florida, Appellee.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michele Towbin-Singer, Judge; L.T. Case No. 04-8732 CF10A.

Tyrice Neals, Madison, pro se.

Pamela Jo Bondi, Attorney General Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Tyrice Neals seeks review of an order denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.

At issue is the minimum mandatory sentence resulting from Neals' possession of a firearm. In its response to this Court's show cause order, the State acknowledges that it is unclear on the record before this Court whether Neals stipulated to the fact that he had actual possession of a firearm, a condition precedent to his minimum mandatory sentence. See, e.g., Blanc v. State, 899 So.2d 455 (Fla. 4th DCA 2005). Consequently, we remand this matter to the trial court for attachment of specific records to refute the claim, or for resentencing if no such documents exist.

Reversed and remanded for further proceedings consistent with this ...


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