Garcia v. State

Enrique Garcia appeals an order denying his motion to correct illegal sentence. We affirm in part and reverse in part.

In 1996, defendant-appellant Garcia entered guilty pleas in circuit court case number 90-7244 plus eight cases bearing 1994 case numbers. In the 1994 cases the disposition was forty years on each count as a habitual violent offender (“HVO”) with a fifteen-year mandatory minimum sentence, or on some counts thirty years as an HVO with a fifteen-year mandatory minimum sentence.

In subsequent proceedings, the defendant filed a motion to correct illegal sentence as to two counts in…