Sims v. State

We affirm the denial of appellant’s motion to correct an illegal sentence, in which he claimed that his 1996 habitual violent felony offender sentence for kidnapping and aggravated battery with a firearm was illegal. First, he alleged that the sentencing judge impermissibly used a juvenile or youthful offender conviction as a predicate offense for habitualization. The record does not support his contention that a juvenile conviction was used. Instead, the record reflects that the predicate offense for habitualization was a robbery conviction on which the state had direct-filed against…