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McCULLOUGH v. STATE

No. 5D03-1085.

859 So.2d 567 (2003)

Calvin K. McCULLOUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 21, 2003.

Attorney(s) appearing for the Case

Calvin K. McCullough, Crestview, pro se.

No Appearance for Appellee.

SHARP, W., J.

McCullough appeals from the trial court's order denying his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800, to correct an illegal sentence. He seeks to challenge the propriety of his habitual offender sentence. We affirm because the motion is successive and without merit.

This same issue was presented to this court in Appeal No. 99-1081, when McCullough appealed from a summary denial of a motion filed pursuant to Florida Rule...

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