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BAUER v. STATE

No. 4D09-2260.

31 So.3d 220 (2010)

Pablo BAUER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 23, 2010.

Attorney(s) appearing for the Case

Pablo Bauer, Milton, pro se.

No appearance required for appellee.

WARNER, J.

We affirm the denial of appellant's ninth motion to correct an illegal sentence. Appellant claims that his habitual felony offender sentence is illegal because a prior grand theft conviction cannot serve as a predicate conviction for HFO sentencing. He is wrong. See § 775.084(1)(a), Fla. Stat. (1999).

It continues to concern us that Florida Rule of Criminal Procedure 3.800 permits a prisoner to file a motion to correct an illegal...

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