Cox v. State

Emmett Cox appeals an order denying his motion to correct illegal sentence. We affirm.

Defendant-appellant Cox contends that he does not qualify as a habitual violent felony offender (“HVO”). He is serving life sentences imposed as an HVO in Miami-Dade County circuit court case number 97-12328.

The defendant has previously raised this claim. However, this court’s previous af-firmance of the denial of relief on this point may have been based on the State’s defense of time bar. This court’s position on time bar in this context was later overturned by the Florida Supreme Court in Bover v. State,…