Cesar v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 ISMAEL CESAR, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-2367 [July 20, 2011] PER CURIAM. Ismael Cesar appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. He does not allege that the predicate felony necessary to qualify him as a habitual violent felony offender does not exist as a matter of law, and his sentence is legal. See Bover v. State, 797 So. 2d 1246 (Fla. 2001). Cesar was on probation for four offenses including aggravated assault with a deadly weapon when he committed the offenses in this case, 04011459 CF10A. The aggravated assault conviction qualified him for habitual violent felony offender sentencing. § 775.084(1)(b), Fla. Stat. (2004); see also State v. Richardson, 915 So. 2d 86 (Fla. 2005). Contrary to the arguments in his motion, there was n o illegal double enhancement. The consecutive five-year term was imposed for violations of probation in a separate case, 03-4449 CF10A. The offenses did not arise from the same criminal episode and the consecutive sentences are not illegal. See State v. Hill, 660 So. 2d 1384, 1386 (Fla. 1995). The circuit court s order is affirmed. Affirmed. MAY, C.J., STEVENSON and CIKLIN, JJ., concur. * * * Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin Bidwill, Judge; L.T. Case No. 04-11459 CF10A. Ismael Cesar, Arcadia, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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