James E. McNair v. State

James McNair appeals the summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He argues that his prior conviction for aggravated assault is not a qualifying offense for the purpose of sentencing him as a three-time violent felony offender under section 775.084(c), Florida Statutes (2006). Because the record as a whole does not demonstrate on its face an entitlement to relief, this claim is not cognizable under rule 3.800(a). 1 Instead, it should have been raised on direct appeal or in a timely motion for postconviction relief…