Gray v. State

SHARP, W., J.

We affirm the trial court’s summary denial of Gray’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) which asserts he was inappropriately sentenced as an habitual offender. At the time Gray was sentenced in 1985 for a crime committed in 1982, only one prior felony conviction was required in order for the trial court to classify a defendant as an habitual offender. See § 775.084(l)(a)l.a., Fla. Stat. (1981).

An habitual offender sentence can be corrected in a rule 3.800(a) proceeding if the error is apparent on the face of the record. See Bover v. State, 797…