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GRIMSLEY v. STATE

No. 5D07-2125.

972 So.2d 916 (2007)

Kenneth L. GRIMSLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 8, 2008.

Attorney(s) appearing for the Case

Kenneth L. Grimsley, Lowell, pro se.

Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Kenneth L. Grimsley appeals the denial of his fifth rule 3.800(a) motion to correct illegal sentence.1 In this successive motion, Grimsley once again argues that his forty-year habitual violent felony offender ("HVFO") sentence on the charge of robbery with a firearm is illegal because it exceeds the thirty-seven-year HVFO sentence that he agreed to at the time of his plea. Even if this claim were cognizable under rule 3.800...

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