Fussell v. State

813 So.2d 130 (2002)

Joe FUSSELL, Appellant,

v.

STATE of Florida, Appellee.

No. 2D01-5350.

District Court of Appeal of Florida, Second District.

March 1, 2002.

Rehearing Denied March 25, 2002.

KELLY, Judge.

Joe Fussell appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In 1993 Fussell was convicted of aggravated assault of a law enforcement officer and sentenced to fifteen years' prison as a habitual felony offender. Fussell argues that he was sentenced in violation of the double jeopardy clause because his sentence was…