Welling v. State

975 So.2d 1254 (2008)

David J. WELLING, Appellant,

v.

STATE of Florida, Appellee.

No. 4D08-75.

District Court of Appeal of Florida, Fourth District.

March 12, 2008.

David J. Welling, Clermont, pro se.

No response required for respondent.

WARNER, J.

David Welling brings this petition for writ of habeas corpus claiming that he is entitled to immediate release from prison, because his thirty year sentence as a habitual offender is illegal. We originally approved his sentence in Welling v. State, 748 So.2d 314 (Fla. 4th DCA 1999) (en banc). He claims that Mack v. State, 823 So.2d 746 (Fla.2002), requires…