Phillips v. State

Gary Ramone Phillips appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied relief, reasoning that appellant could not complain of an illegal sentence where he enjoyed the benefits and participated in the conditions of the sentence. We reverse.

Appellant contends that the habitual offender sentence imposed for his felony pet-it theft convictions should not have been enhanced pursuant to 775.084, Florida Statutes (1995). See Ridley v. State, 702 So.2d 559 (Fla. 2nd DCA 1997). We agree that appellant’s…