Yarian v. State

Michael Yarian, sentenced as a habitual offender to a term of seven years after his conviction for grand theft, appeals an order denying his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. Yarian relies upon State v. Johnson, 616 So.2d 1 (Fla.1993), which invalidated section 775.084, Florida Statutes (1989), as amended by chapter 89-280, Laws of Florida. Sentencing Yarian as a habitual offender, the trial judge utilized two out-of-state felony convictions as predicate offenses under section 775.084(1), Florida Statutes (1989). The crime for which Yarian was…