Rutherford v. State

820 So.2d 407 (2002)

Darrell RUTHERFORD, Appellant,

v.

STATE of Florida, Appellee.

No. 2D02-1185.

District Court of Appeal of Florida, Second District.

June 26, 2002.

SALCINES, Judge.

Darrell Rutherford appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse because the trial court failed to address Rutherford's claim that the predicate offenses used to qualify him as a habitual violent felony offender did not satisfy the sequential convictions requirement of section 775.084(5), Florida Statutes (Supp. 1996).

Rutherf…