Florida District Courts of Appeal, 2001

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided December 19, 2001 · Cope, Goderich, Shevin
802 So. 2d 460; 2001 Fla. App. LEXIS 17811; 2001 WL 1614110 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Daniel Smith appeals an order denying his motion to correct illegal sentence. In it he seeks to set aside his adjudication as a habitual violent felony offender (“HVFO”) on the ground that he does not have a qualifying predicate felony. A motion under Florida Rule of Criminal Procedure 3.800(a) can be used to raise this issue. Bover v. State, 797 So.2d 1246 (Fla. 2001). On the merits, however, the response of the State demonstrates that defendant-appellant Smith does, in fact, qualify as an HVFO. We therefore reject the defendant’s argument on this point.

Defendant’s remaining points are without merit.

Affirmed.

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