Stevens v. State

Appellant, Solomon Stevens [“Stevens”], seeks review of the denial of his Rule 3.800 motion to correct illegal sentences. The trial court summarily denied the motion. On appeal, the State concedes that the kidnapping while armed conviction is not subject to habitualization. In addition, Stevens claims that he was never resen-tenced in accordance with Stevens v. State, 691 So.2d 622 (Fla. 5th DCA 1997), decision approved, 714 So.2d 347 (Fla.1998). Although this claim is difficult to credit, the State’s only response to this claim is that Stevens should have sought mandamus rather than utilize…