Betty v. State

Paul Betty appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. We affirm the denial but for reasons different from those argued by the State and adopted by the trial court. 1 We also write to correct a misstatement of law in Major v. State, 900 So.2d 759 (Fla. 4th DCA 2005), that has led to some confusion in this case.

Betty was convicted of attempted robbery with a deadly weapon and sentenced as a habitual felony offender to thirty years in prison. Citing Major, the State has argued that this offense is a first degree felony, and as a habitual offender, Betty could be…