JACK H. SUBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s order denying Jack H. Suber’s motion to correct an illegal sentence, which was filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Mr. Súber argues that the portion of his sentence that imposes a three-year minimum mandatory term of imprisonment for possession of a firearm as a convicted felon is illegal. He believes that language in section 790.23, Florida Statutes (2000), somehow overrides the mandatory sentence provided in section 775.087(2)(l)(r), Florida Statutes (2000). We conclude that his sentence is not illegal.
We write primarily because the trial court denied this motion on the ground that Mr. Súber had not preserved this issue by raising it at the sentencing hearing or by a motion filed under Florida Rule of Criminal Procedure 3.800(b). Preservation of a sentencing issue is generally required for review in a direct appeal. There is no requirement that a sentencing issue be preserved for examination as an illegal sentence under rule 3.800(a).
Affirmed,
PARKER, ALTENBERND, and STRINGER, JJ., Concur.
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Rincon v. State, 838 So. 2d 656 (Fla. 2d DCA 2003)…term of imprisonment was not authorized by statute. The trial court ruled that an illegal sentence cannot be challenged by postconviction motion and that the issue must be preserved and raised on direct appeal. This is incorrect. See Súber v. State, 827 So. 2d 1043 (Fla. 2d DCA 2002). Nevertheless, we affirm because Mr. Rincon disclosed that he was convicted of both manslaughter and aggravated battery. Although the minimum mandatory term would be illegal for the manslaughter conviction, see Strahom v. State, 4…
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Thompson v. State, 874 So. 2d 1270 (Fla. 5th DCA 2004)…., and MONACO, J., concur. . §§ 810.02; 812.014(1), Fla. Stat . § 924.051, Fla. Stat. . Henderson v. State, 853 So. 2d 603, 603-604 (Fla. 5th DCA 2003) (Sharp, J., concurring); Morgan v. State, 840 So. 2d 1151 (Fla. 5th DCA 2003); Suber v. State, 827 So. 2d 1043 (Fla. 2d DCA 2002).…