01-2283 SMITH V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-2283 SMITH V. STATE

Case Date: 12/19/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001

DANIEL SMITH, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D01-2283 LOWER TRIBUNAL NO. 94-42027

Opinion filed December 19, 2001. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Lawrence A. Schwartz, Judge. Daniel Smith, in proper person. Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before COPE, GODERICH and SHEVIN, JJ. PER CURIAM. Daniel Smith appeals an order denying his motion to correct illegal sentence. In it he seeks to set aside his adjudication as a habitual violent felony offender ("HVFO") on the ground that he does not have a qualifying predicate felony. A motion under

Florida Rule of Criminal Procedure 3.800(a) can be used to raise this issue. Bover v. State, 26 Fla. L. Weekly S 652 (Fla. Oct. 4, 2001). On the merits, however, the response of the State

demonstrates that defendant-appellant Smith does, in fact, qualify as an HVFO. We therefore reject the defendant's argument on this point. Defendant's remaining points are without merit. Affirmed.

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