DANIEL A. SIGAFOOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALTENBERND, Judge.
Daniel A. Sigafoos appeals the trial court’s order denying his motion to correct an illegal sentence. Mr. Sigafoos maintains that his habitual offender sentence is illegal as a result of our opinion in Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). The trial court denied this motion, reasoning that the legislature had reenacted the statutes affected by Taylor during the 2002 legislative session. The trial court concluded that the legislature could validly reenact statutes to apply to offenses occurring prior to the reenactment.
We affirm without reviewing the trial court’s reasoning. Mr. Sigafoos has not alleged or otherwise demonstrated that his sentence is illegal under the validly enacted laws that remained on the books even after this court’s decision in Taylor. There is no need to apply the 2002 legislative enactments retroactively if the valid laws at the time of these offenses permitted habitual offender sentencing. See Bush v. State, 823 So. 2d 833 (Fla. 2d DCA 2002).
Affirmed.
PARKER and STRINGER, JJ., Concur.
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EY v. State, 884 So. 2d 376 (Fla. 2d DCA 2004)…PER CURIAM. Affirmed. See Gipson v. State, 616 So. 2d 992 (Fla.1993); Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004); McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003); Sigafoos v. State, 825 So. 2d 529 (Fla. 2d DCA 2002); Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002); Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001); Shaw v. State, 780 So. 2d 188 (Fla. 2d DCA 2001); State v. Spriggs, 754 So. 2d 84 (Fla. 4th DCA 2000). After this court he…
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Moore v. State, 830 So. 2d 903 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. Sigafoos v. State, 825 So. 2d 529 (Fla. 2d DCA 2002). SHARP, W., GRIFFIN and PLEUS, JJ., concur.…
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Scott v. State, 835 So. 2d 1247 (Fla. 2d DCA 2003)…ts in 1999 were not invalidated by Taylor, and a sentence imposed pursuant to those provisions is legal. Accordingly, to be entitled to relief, Scott must allege that his sentence comes within the provisions of the amendments. See Sigafoos v. State, 825 So. 2d 529 (Fla. 2d DCA 2002). Since Scott has not alleged nor demonstrated that his sentence is illegal under the 1999 amendments, his motion was properly denied. Affirmed. FULMER and COVINGTON, JJ., concur.…
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- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Bush v. State, 823 So. 2d 833 (Fla. 2d DCA 2002)