Scott v. State

Octavius Scott timely appeals the summary denial of his rule 3.800 motion alleging that his sentence is illegal. Scott was convicted, following a jury trial, of burglary of a dwelling and petit theft. He was sentenced on April 9, 2009, to twelve years’ imprisonment as a habitual felony offender (HFO) and time served, respectively. Although the trial court found the claim successive to an earlier rule 3.800 motion, Scott correctly points out that he did not raise this exact claim. Nevertheless, we affirm.

Scott contends that his HFO sentence is illegal because he did not have the requisite…