Sanchez v. State (795 So. 2d 221, 2001)

PER CURIAM.

Affirmed.

GODERICH and SHEVIN, JJ., concur.

COPE, J.

(concurring).

While the trial court was in error in saying that the appellant’s claim was not cognizable by a motion under Florida Rule of Criminal Procedure 3.800(a), see Carter v. State, 786 So.2d 1173 (Fla.2001), relief was properly denied because the offense of armed robbery is a first degree felony punishable by life imprisonment. See § 812.13(2)(a), Fla. Stat. (1993). Accordingly, habitualization was permissible. See Lamont v. State, 610 So.2d 435 (Fla.1992).

At the time of appellant's crimes, habitualization was not permissible for a life felony, but appellant is incorrect in saying that his offenses were life felonies.