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Mann v. State

District Court of Appeal of Florida, Third District
Sep 18, 2002
825 So. 2d 1061 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D02-2263

Opinion filed September 18, 2002.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Lawrence A. Schwartz, Judge. Lower Tribunal No. 97-12145.

John W. Mann, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


John W. Mann appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. We affirm.

We have taken judicial notice of this court's file in Mann v. State, 824 So.2d 330 (Fla.3d DCA 2002). No. 3D02-1771.

As to point one, the sentencing order designates the counts to which it applies and is not a prohibited "general sentence." To the extent that defendant-appellant Mann is claiming that the sentences on counts two and three exceeded the legal maximum when imposed in 1997, the sentences on those counts were corrected by the subsequent sentencing orders and the point is now moot.

As to point two, the predicate offense for habitualization as a habitual violent felony offender (HVO) was aggravated assault, not aggravated stalking. See Adams v. State, 759 So.2d 742 (Fla.3d DCA 2000).

As to point three, the plea bargain was plainly for an HVO sentence. We reject point four on authority of Rodriguez v. State, 766 So.2d 1147 (Fla.3d DCA 2000).

Affirmed.


Summaries of

Mann v. State

District Court of Appeal of Florida, Third District
Sep 18, 2002
825 So. 2d 1061 (Fla. Dist. Ct. App. 2002)
Case details for

Mann v. State

Case Details

Full title:JOHN W. MANN, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 18, 2002

Citations

825 So. 2d 1061 (Fla. Dist. Ct. App. 2002)