Opinion
No. 4D04-2638.
September 1, 2004. Rehearing Denied October 18, 2004.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 95-1571 CF10B.
David Knight, pro se.
No appearance required for appellee.
Affirmed. The trial court found that appellant's motion to correct an illegal sentence was successive. We agree that the first ground for relief was successive. The second ground, in which appellant alleges that he could not be sentenced as a habitual felony offender for the delivery of cocaine, was not successive to his prior claims. Nevertheless, the motion was properly denied because that claim was without merit. See, e.g., Adams v. State, 724 So.2d 137 (Fla. 4th DCA 1998); Paul v. State, 830 So.2d 953 (Fla. 5th DCA 2002); Marrero v. State, 741 So.2d 634 (Fla. 3d DCA 1999); Williams v. State, 667 So.2d 914 (Fla. 3d DCA 1996).
WARNER, POLEN and GROSS, JJ., concur.