BABIE V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 JOEL DANIEL BABIE, ** Appellant, ** vs. ** THE STATE OF FLORIDA, CASE NO. 3D05-1049 ** Appellee. ** LOWER TRIBUNAL NO. 02-5745 ** Opinion filed June 29, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge. Joel Daniel Babie, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, SHEPHERD and ROTHENBERG, JJ. PER CURIAM. Joel Daniel Babie appeals an order denying his motion to correct illegal sentence. that his guilty plea was Defendant-appellant Babie maintains involuntary because understand the consequences of habitualization. he did not That is not a claim which renders a sentence illegal for purpose of Florida Rule of Criminal court s order, Procedure without 3.800(a). prejudice to We the affirm the to defendant trial refile those claims by motion under Florida Rule of Criminal Procedure 3.850. Based on the defendant s assertion that the plea was entered into in September of 2003, the time limit for filing a Rule 3.850 motion has not yet expired. 3.850(b). See Fla. R. Crim. P. We express no opinion on the merits of any such motion. The defendant also argues that his sentence is illegal because he received three-year concurrent terms for possession of a firearm as well as being sentenced as an HVFO. that being sentenced under both statutory illegal as a double jeopardy violation. without merit. He claims provisions is That argument is See ยง 775.087(2)(c), Fla. Stat. (2001) ( If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084 [the habitual offender statute] Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory imprisonment as required in this section. ). Affirmed. 2 minimum term of
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