Cooper v. State

In his ninth appearance in two 1991 Brevard County cases, Harold W. Cooper wants this court to review the denial of his latest rule 3.800(a) motion. Once again, he is challenging his habitual felony offender status. He relies upon Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), but Florida law holds that “a mere allegation of a defective ha-bitualization process ... does not constitute a claim of an ‘illegal’ sentence.” Edwards v. State, 760 So.2d 226, 227 (Fla. 5th DCA 2000). We affirm.

We conclude this appeal is frivolous and an abuse of process. See, e.g.,…