ROBBINS v. STATE

No. 3D05-1727.

915 So.2d 232 (2005)

Andre ROBBINS, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

November 23, 2005.


Attorney(s) appearing for the Case

Andre Robbins, in proper person.

Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for respondent.

Before FLETCHER, RAMIREZ, and SUAREZ, JJ.


PER CURIAM.

Andre Robbins petitions for a writ of habeas corpus. Robbins claims that his habitual offender sentence is illegal as it is based on non-sequentially sentenced prior offenses. We dismiss the petition for the following reasons.

First, a habeas petition is not the correct remedy: the claim should first have been brought before the trial court as a post-conviction motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure...

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