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SMITH v. STATE

No. 3D05-1681.

935 So.2d 1223 (2006)

Ben Arthur SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 9, 2006.

Attorney(s) appearing for the Case

Ben Arthur Smith, in proper person.

Charles J. Crist, Jr., Attorney General, and Michele Samaroo, Assistant Attorney General, for appellee.

Before COPE, C.J., and FLETCHER and ROTHENBERG, JJ.

COPE, C.J.

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

Defendant-appellant Smith was convicted of possession of a firearm by a convicted felon. The offense date was May 15, 1997.

At sentencing the State sought to qualify the defendant as a habitual violent felony offender ("HVFO"). An issue arose regarding whether the defendant's 1997 offense was committed...

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