¶1AFFIRMED. The appellant’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) does not affirmatively allege that a prior offense essential to categorize him as a habitual offender does not exist, see Judge v. State, *963596 So.2d 73, 78 (Fla. 2d DCA 1991), rev. denied, 613 So.2d 5 (Fla.1992), and that the court records will demonstrate a clear entitlement to relief, see Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998).
813 So. 2d 962
Valenzuela v. State
District Court of Appeal of Florida
Decided February 8, 2002
District Court of Appeal of Florida · decided 2002-02-08
Relies on 596 So. 2d 73 - Judge v. State · Williamson v. Williamson
Decided 2002-02-08