5D02-3614 Coney v. State

State: Florida

Court: Florida Southern District Court

Docket No: 5D02-3614.op

Case Date: 12/23/2002

Plaintiff: 5D02-3614 Coney

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002

KELVIN CONEY, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed December 27, 2002 3.800 Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge. Kelvin Coney, Bowling Green, Pro Se. No Appearance for Appellee. ORFINGER, J. Kelvin Coney appeals the summary denial of his fourth motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm. Coney was convicted of armed robbery while wearing a mask, attempted armed robbery while wearing a mask, possession of a firearm by a convicted felon and other sundry offenses. He was sentenced to prison as a habitual violent felony offender. Coney claims that the trial judge failed to orally find him to be a habitual violent felony offender. Coney raised this issue in an earlier rule 3.800(a) proceeding, and it was found to be without merit because the record reflects the court made all necessary findings. The order denying the rule 3.800(a) motion was affirmed on appeal. See Coney v. State, 803 So. 2d 742 (Fla. 5th DCA 2001). CASE NO. 5D02-3614

As such, raising the issue again is successive and constitutes an abuse of procedure. Coney further alleges that his conviction for armed robbery while wearing a mask is a life felony, and, therefore, his habitual violent offender sentence for that offense is illegal. He bases that argument on the fact that in 1994, when he committed his offenses, habitual violent offender classification was not applicable to defendants who were to be sentenced for crimes punishable as life felonies. See

Download 5D02-3614.op.pdf