Fillmore v. State

Bruce Fillmore 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.

Fillmore alleged that his habitual offender sentence is illegal as he did not have the requisite predicate conviction for such sentence. Fillmore challenged his predicate offense as having occurred after the commission of the crime for which the habitual offender sentence was imposed. The trial court agreed with the state that the claim failed as a matter of law in light of Perkowski v. State, 616 So.2d 26 (Fla.1993), and…