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STATE v. HAYNES

No. 91-1859.

610 So.2d 114 (1992)

STATE of Florida, Appellant/Cross-Appellee, v. Derrick Devon HAYNES, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

December 30, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellant/cross-appellee.

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellee/cross-appellant.

WIGGINTON, Judge.

The state purports to bring this appeal from the imposition of an habitual felon sentence on the basis that the sentence is illegal. We disagree and grant Haynes' motion to dismiss the appeal. While the state is entitled to appeal or cross appeal an illegal sentence pursuant to section 924.07(1)(e), Florida Statutes, the instant sentence is not illegal. Cf. State v. Hohl, 431 So.2d 707 (Fla. 2d DCA 1983...

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