Hubbard v. State

ALTENBERND, Chief Judge.

John Earl Hubbard appeals the denial of his motion to correct an illegal sentence. He was sentenced as a habitual violent felony offender to consecutive terms of thirty years’ imprisonment for a burglary and ten years’ imprisonment for an attempted sexual battery, both of which occurred on May 15, 1989. He did not file a motion to correct any sentencing error within two years of the supreme court’s opinion in Hale v. State, 630 So.2d 521 (Fla.1993). Prior to Burgess v. State, 831 So.2d 137 (Fla.2002), this court held that Mr. Hubbard’s claim must be pursued under…