Turner v. State

Eddie Turner appeals from the denial of his petition to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm.

Of the three prior felony offenses that the State proffered as predicate offenses for habitual offender sentencing, only the felony littering conviction qualifies under the habitual offender statute. § 775.084(l)(a), Fla. Stat. (2011).1 The statute governing violation of the Florida Litter Law, section 403.413, Florida Statutes (2008), does not authorize a habitual offender sentence enhancement under section 775.084. The omission of section…