BATES v. STATE

No. 1D02-2023.

825 So.2d 1025 (2002)

Dennis James BATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 6, 2002.


Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


ALLEN, C.J.

The appellant challenges the order by which the trial court denied his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. Although we affirm the order under review, we write to address one of the appellant's claims.

The appellant was convicted of felony battery under section 784.03(2), Florida Statutes (1996), which provides that when a person has two prior convictions for battery, a third or subsequent conviction...

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