Brown v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WARDELL F. BROWN, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D09-117 Opinion filed September 4, 2009. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County; Edward J. Volz, Jr., Judge. Wardell F. Brown, pro se. Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Wardell Brown's motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a) was denied by the circuit court. We affirm. Our affirmance is without prejudice to Brown to raise, in a habeas petition filed in the circuit court of the county in which he is currently incarcerated, see ยง 79.09, Fla. Stat. (2008); see also Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), the issue of whether the credits granted in an earlier rule 3.800(a) proceeding require his immediate release. WHATLEY, FULMER, and SILBERMAN, JJ., Concur. -2-