BENNETT v. STATE

No. 4D04-4825.

946 So.2d 84 (2006)

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

District Court of Appeal of Florida, Fourth District.

December 27, 2006.


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.


ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

In his rule 3.800(a) motion to correct an illegal sentence, appellant argued in part that he did not qualify as a habitual offender because all of his prior convictions were sentenced on the same day during the same sentencing proceeding. § 775.084(5), Fla. Stat. (2004).

In response to his motion, the state asserted that he has a number of prior convictions that were sentenced on two...

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