State v. Hewitt

The State appeals a sentencing order, arguing that the trial court erred in not sentencing the defendant as a habitual felony offender without holding a hearing or making the required findings pursuant to section 775.084(3)(a), Florida Statutes (2008). We dismiss, finding sua sponte that a legal sentence is not an appealable order.

Under section 775.084(3)(a), before determining habitual felony offender status, a trial court is required to do the following:(3)(a) In a separate proceeding, the court shall determine if the defendant is a habitual felony offender or a habitual violent felony…