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MODEST v. STATE

No. 3D04-2946.

892 So.2d 566 (2005)

Willie MODEST, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 9, 2005.

Attorney(s) appearing for the Case

Willie Modest, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, WELLS and SHEPHERD, JJ.

COPE, J.

Willie Modest appeals an order denying his motion to correct illegal sentence. We affirm.

Defendant-appellant Modest was sentenced as a habitual violent felony offender ("HVO") in 1992. In this postconviction motion the defendant asserts that his sentence as an HVO is impermissible under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, ___ U.S. ___...

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