WILLIAMS v. STATE

No. 3D04-2341.

898 So.2d 966 (2005)

Darian WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 4, 2005.


Attorney(s) appearing for the Case

Darian Williams, in proper person.

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

Before COPE, WELLS and SHEPHERD, JJ.


PER CURIAM.

Darian Williams appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm.

Defendant-appellant Williams argues that he does not qualify as a habitual violent felony offender ("HVFO") because all of his prior felony adjudications were felonies for which he was sentenced on the same day. He argues that under a Second District decision, Rutherford v. State,

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