Opinion
No. 2D00-1076.
Opinion filed September 1, 2000.
Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Polk County; J. Michael Hunter, Judge.
Ellis D. Downs appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm on the basis of Burgess v. State, 25 Fla. L. Weekly D1636 (Fla. 2d DCA July 7, 2000). We certify the same question we certified in Burgess, which is:
AFTER THE HOLDING IN CALLAWAY, CAN A TRIAL COURT RELY UPON A SWORN ARREST REPORT IN THE COURT FILE TO DETERMINE, AS A MATTER OF LAW, THAT CONSECUTIVE HABITUAL OFFENDER SENTENCES ARE ILLEGAL?
State v. Callaway, 658 So.2d 983 (Fla. 1995),receded from on other grounds by Dixon v. State, 730 So.2d 265 (Fla. 1999).
Affirmed; question certified.
BLUE, A.C.J., and WHATLEY and DAVIS, JJ., Concur.