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837 So. 2d 607

White v. State

District Court of Appeal of Florida

Decided February 19, 2003

District Court of Appeal of Florida · decided 2003-02-19

Cited by 2 later decisions — most recently November 2006

2 state decisions

Relies on Bover v. State · 816 So. 2d 783 - Robbins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-02-19

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SILBERMAN, Judge.

¶1Paul White challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, White argued that his prior convictions in South Carolina should have been considered misdemeanors that could not support the imposition of a habitual felony offender sentence under section 775.084(l)(a), Florida Statutes (Supp.1998). The record reflects that the trial court correctly denied relief on this ground.

¶2In his appellate brief, White raised for the first time a claim that his predicate convictions did not occur within the requisite time period specified by section 775.084(l)(a). Because that claim was not raised in the trial court, it was not preserved for appellate review. See Robbins v. State, 816 So.2d 783, 785 (Fla. 2d DCA 2002). We note, however, that White has not raised the issue of whether his predicate convictions met the sequential convic*608tions requirement of section 775.084(5), Florida Statutes (Supp.1998). See Bover v. State, 797 So.2d 1246, 1250 (Fla.2001). Therefore, we affirm the order denying relief without prejudice to White’s filing a facially sufficient motion pursuant to rule 3.800(a) regarding issues not previously addressed by the trial court.

DAVIS and CANADY, JJ., Concur.
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