McGraw v. State

922 So.2d 243 (2006)

Jessie J. McGRAW, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-3687.

District Court of Appeal of Florida, Second District.

January 18, 2006.

Rehearing Denied March 16, 2006.

WHATLEY, Judge.

Jessie McGraw appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without comment as to all but one of McGraw's claims. We reverse as to McGraw's claim that the fine imposed pursuant to section 893.135(1)(b)(1), Florida Statutes (1989), was illegal.

McGraw claims that because he was sentenced as a…