Opinion
No. 97-2333
Opinion filed November 18, 1998 JULY TERM 1998
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William P. Dimitrouleas, Judge; L.T. Case No. 96-17359 CF10A.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.
MOTION FOR REHEARING
Appellant asks this court to recall its mandate and allow consideration of an argument not previously raised regarding appellant's allegedly illegal sentence. We have considered appellant's supplemental brief and conclude his sentence was not illegal. The court properly sentenced appellant as a habitual violent felony offender, where appellant was convicted of aggravated battery, a felony, on December 12, 1991, within five years of the commission of the instant offense on September 15, 1996. § 775.084(1)(b), Fla.Stat. (1995). Appellant's motion for rehearing is denied.
POLEN, GROSS and TAYLOR, JJ., concur.