Opinion
No. 4D08-4696.
April 1, 2009.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Andrew L. Siegel, Judge; L.T. Case No. 00-4569 CF10A.
Wilbert Posey Thompson, Sneads, pro se.
No appearance required for appellee.
We affirm the summary denial of appellant's rule 3.850 motion, untimely filed in a criminal case in which the conviction and sentence became final in 2000.
We note that one of appellant's issues concerned whether his conviction in this case and in a 1999 case qualified him for habitual felony offender sentencing in his subsequent 2005 case. This affirmance is without prejudice to his filing a rule 3.800(a) motion in his 2005 case, alleging, if he can, that the record in the 2005 case will demonstrate that the requisite convictions necessary to sentence him as a habitual felony offender do not exist. Bover v. State, 797 So.2d 1246, 1247 (Fla. 2001).
FARMER, TAYLOR and MAY, JJ., concur.