Davis v. State

Desmond Davis appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand with respect to one of his claims.

Davis alleges that one of the predicate offenses used to qualify him for habitual offender sentencing did not exist as a matter of law, or that it was a juvenile adjudication that did not qualify for such purpose. At issue is 95-7170, associated with attempted burglary of a dwelling. This appears to be the sole predicate offense that did not relate to the purchase or the possession of a…