MARIO MANCEBO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals from a judgment of conviction and sentences for armed robbery with a firearm. We affirm.
We fínd no error in the trial court’s conduct of the Neil and Melbourne1 inquiries attendant to the State’s peremptory challenge of a venire member, and the defendant’s objection to that challenge. See Heggan v. State, 745 So. 2d 1066, 1068 (Fla. 3d DCA 1999) (holding that where transcript of voir dire clearly indicates that judge accepted state’s valid proffered neutral reason to support exercise of peremptory challenge, “compliance with Melbourne analysis does not require the incantation of magical words.”).
Finding no merit in the remaining points on appeal, we affirm.
AFFIRMED.
. Melbourne v. State, 679 So. 2d 759 (Fla.1996); State v. Neil, 457 So. 2d 481 (Fla.1984).
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Mancebo v. State, 931 So. 2d 928 (Fla. 3d DCA 2006)…ude that the bar of successiveness does not apply under the facts of this case. The defendant was convicted of armed robbery. The conviction and sentence were affirmed by this court and the Florida Supreme Court denied review. See Mancebo v. State, 793 So. 2d 1093 (Fla. 3d DCA 2001), review denied, 819 So. 2d 137 (Fla.2002). The defendant filed a timely Rule 3.850 motion (“the 2003 motion”). The trial court summarily denied the 2003 motion in a form order which stated in part that the [*929] court had examin…
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Gadsen v. State, 805 So. 2d 910 (Fla. 2d DCA 2001)…me day” in all of those cases. The attachments to the trial court’s order support this statement. Gadsen was sentenced under a version of the habitual offender statute that required that the predicate convictions be sequential. See Markens v. State, 793 So. 2d 1093 (Fla. 4th DCA 2001). A claim that a habitual offender sentence is illegal because the required predicate convictions were not entered sequentially is cognizable in a rule 3.800(a) motion to correct illegal sentence. See id. However, Gadsen did not r…
Authorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Jeanie H. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
- Heggan v. State, 745 So. 2d 1066 (Fla. 3d DCA 1999)