Florida District Courts of Appeal, 2002

Valenzuela v. State

Valenzuela v. State
Florida District Courts of Appeal · Decided February 8, 2002 · Barfield, Davis, Kahn
813 So. 2d 962; 2002 Fla. App. LEXIS 1339; 2002 WL 192326 (Southern Reporter, Second Series)

Valenzuela v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. The appellant’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) does not affirmatively allege that a prior offense essential to categorize him as a habitual offender does not exist, see Judge v. State, *963596 So.2d 73, 78 (Fla. 2d DCA 1991), rev. denied, 613 So.2d 5 (Fla. 1992), and that the court records will demonstrate a clear entitlement to relief, see Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998).

BARFIELD, KAHN, and DAVIS, JJ., concur.

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