Belton v. State

SILBERMAN, Judge.

Arthur Belton appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He claims that his suspended sentence and placement on community control and probation was not a habitual offender sentence and, therefore, he could not be sentenced as a habitual offender upon revocation of his community control. We agree.

In 1994, a jury convicted Belton of delivery of cocaine. The trial court sentenced Belton as a habitual felony offender to thirty years in prison, suspended the sentence, and placed Belton on…