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Bover v. State10/4/2001
al circumstances." Carter, 786 So. 2d at 1181. Therefore, we conclude that the adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.
As to whether the predicate felonies in the record in this case satisfy the sequential conviction requirement, the State conceded before the Third District that the prior convictions used to habitualize Bover did not satisfy the sequential conviction requirement pursuant to section 775.084(5). We do not decide the correctness of that concession in this opinion. However, we agree with the Third District that because Bover did not object to the habitual offender sentence on the basis that he lacked the requisite prior sequential convictions at the time his habitual offender sentence was imposed, the State should have the opportunity on remand to present record evidence that other prior convictions existed that would satisfy the sequential conviction requirement. See Bover, 732 So. 2d at 1192.
For these reasons, we quash the decision below, approve Judge, Bell, Botelho and Freshman and remand for proceedings consistent with this opinion.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, LEWIS, and QUINCE, JJ., concur.
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