Santiago v. State

(specially concurring).

While I concur with the result reached by the majority, I write separately to address both the issues raised by the State’s position in this appeal, and what I believe is the basis for reversal and remand — the trial court’s lack of jurisdiction to “correct” Santiago’s illegal sentence to provide for a non-mandatory designation as a habitual violent felony offender.

Santiago was charged with armed robbery with a deadly weapon and aggravated *1060battery. After a jury trial, he was found guilty of the lesser included offense of armed robbery without a deadly weapon and simple…