Spates v. State

The appellant challenges an order by which his motion to correct an illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), was denied. We affirm.

The record reveals that Appellant specifically agreed to his 41.25 months’ sentence for attempted armed robbery in each of two cases, with a three-year minimum mandatory in one case only. In his motion, Appellant did not claim that his sentence exceeded the statutory maximum and, therefore, he failed to raise a cognizable illegal sentence claim. King v. State, 681 So.2d 1136 (Fla.1996), Davis v. State, 661 So.2d 1193 (Fla.1995),…