Montanez v. State

Ricardo Montanez appeals an order denying his motion to correct illegal sentence *1142under Florida Rule of Criminal Procedure 3.800(a). We affirm.

Defendant was convicted of escape and sentenced as a habitual violent felony offender (“HVFO”).1 The HVFO adjudication was vacated on account of State v. Johnson, 616 So.2d 1 (Fla.1993). See Montanez v. State, 616 So.2d 58 (Fla. 3d DCA 1992) (on rehearing). The Johnson decision held the 1989 amendments to the HVFO statute unconstitutional on account of a violation of Florida’s single subject rule. On remand, the trial court in 1993, resentenced…