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BENNETT v. STATE

No. 4D04-4825.

904 So.2d 447 (2005)

Salvatore BENNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 1, 2005.

Attorney(s) appearing for the Case

Salvatore Bennett, Moore Haven, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Salvatore Bennett timely appeals the denial of his rule 3.800(a) motion to correct an illegal sentence. Bennett argued in part that he did not qualify for habitual offender sentencing because his prior convictions did not satisfy the sequential sentencing requirement of section 775.084(5), Florida Statutes (2004).

The circuit court did not attach any records that refute this claim.

In denying a legally sufficient 3.800(a) motion, the trial...

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