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DEMOSTHENES v. STATE

No. 3D05-282.

907 So.2d 646 (2005)

Jonathon DEMOSTHENES, a/k/a Fritz Demosthenes, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 27, 2005.

Attorney(s) appearing for the Case

Ivy R. Ginsberg, Miami, for appellant.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.

CORTIÑAS, Judge.

The defendant appeals the trial court's denial of his motion to correct an illegal sentence under Fla. R. Crim. P. 3.800(a). Defendant claims he is entitled to relief on the ground that the trial court erred by using a 1994 case as a qualifying prior conviction for habitual offender purposes.

The defendant correctly acknowledges that this issue has been previously addressed and decided in

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