Opinion
No. 4D11-2509
07-18-2012
FRANCIOUSHA RIGELL, Appellant, v. STATE OF FLORIDA, Appellee.
Franciousha Rigell, South Bay, pro se. No appearance required for appellee.
.
We affirm the trial court's denial of appellant's motion to correct an illegal sentence. He claims that the trial court did not pronounce habitual offender status for him when it corrected a sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) during the pendency of his original appeal of his conviction and sentence. He cites to State v. Collins, 985 So. 2d 985 (Fla. 2008), as support, but that case deals with resentencing after a reversal of the defendant's sentencing. In this case the court was merely correcting the sentence by deleting appellant's prison releasee reoffender sentence on the authority of Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999), vacated, State v. Adams, 786 So. 2d 1168 (Fla. 2001). Because this was a ministerial act, and not a complete resentencing, he was not entitled to reconsideration of his entire sentence. WARNER, POLEN and HAZOURI, JJ., concur.
* * *
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 98002632CF10A.
Franciousha Rigell, South Bay, pro se.
No appearance required for appellee.
Not final until disposition of timely filed motion for rehearing.