Florida District Courts of Appeal, 1998

Tiger v. State

Tiger v. State
Florida District Courts of Appeal · Decided November 18, 1998 · Gross, Polen, Taylor
764 So. 2d 4; 1998 Fla. App. LEXIS 14695; 1998 WL 796515 (Southern Reporter, Second Series)

Tiger v. State

Opinion of the Court

MOTION FOR REHEARING

PER CURIAM.

Appellant asks this court to recall its mandate and allow consideration of an argument not previously raised regarding appellant’s allegedly illegal sentence. We have considered appellant’s supplemental brief and conclude his sentence was not illegal. The court properly sentenced appellant as a habitual violent felony offender, where appellant was convicted of aggravated battery, a felony, on December 12, 1991, within five years of the commission of the instant offense on September 15, 1996. § 775.084(1)(b), Fla. Stat. (1995). Appellant’s motion for rehearing is denied.

POLEN, GROSS and TAYLOR, JJ., concur.

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