BAKER 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 JULY TERM, A.D. 2003 TIMOTHY CLARENCE BAKER, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D03-1282 ** LOWER TRIBUNAL NO. 96-41350 ** Opinion filed July 23, 2003. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge. Timothy Clarence Baker, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, FLETCHER and WELLS, JJ. PER CURIAM. Timothy Clarence Baker appeals an order denying his motion to correct illegal sentence. We have taken judicial notice of this court s file Baker v. State, 741 So. 2d 504 (Fla. 3d DCA 1999). The claims in the present case are substantially identical to those rejected in the earlier appeal. Further, review of the transcript of the sentencing hearing reveals that the defendant admitted the existence of the convictions necessary to qualify him as a habitual offender, the trial court s oral pronouncement adequately adjudicates him a habitual offender, and the sentence imposed is the sentence announced by the trial court. Affirmed. 2

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