Brown v. State

FLETCHER, Judge.

Nathaniel Brown appeals from the trial court’s denial of relief pursuant to Florida Rule of Criminal Procedure 3.800. We affirm.

Brown was convicted of burglary of a dwelling in case number 96-2329, and was placed on probation. While on probation, Brown committed a new felony offense of strong arm robbery, case number 98-18042. He was convicted and sentenced to fifteen years as an habitual offender. Brown argues that his habitual offender sentence is illegal because his probation in case number 96-2329 cannot count as a qualified prior “sentence” for purposes of section…