Torres v. State

KLEIN, J.,

specially concurring.

Appellant moved to correct an illegal sentence under rule 3.800, arguing that the ten year sentence imposed on him as a habitual violent felony offender was illegal. He argues, citing King v. State, 681 So.2d 1136 (Fla.1996), that because ten years was below the statutory maximum for the offense, his sentence is not a legal habitual offender sentence. He also cites Welling v. State, 748 So.2d 314 (Fla. 4th DCA 1999), rev. denied, 770 So.2d 163 (Fla.2000). Welling, however, is distinguishable in that in Welling the sentence was imposed on a conviction, and in the…