Dubose v. State

Joseph Dubose challenges the trial court’s denial of his motion to correct illegal sentence. Dubose argued that his case fell within the window during which portions of the habitual offender statute were determined to be unconstitutional in Johnson v. State, 616 So.2d 1 (Fla.1993). The trial judge denied the motion on the basis that Dubose did not qualify for habitualization on the basis of a conviction for aggravated battery — the defect in Johnson’s violent habitual offender sentence which necessitated its vacation. In support of the order of denial, the trial court appended the qualifying…