McMillan v. State

James McMillan appeals from the summary denial of his motion for postconviction relief. We affirm.

In 1993, McMillan pled nolo contendere to charges of sexual battery and burglary. In exchange for his plea, he was sentenced to community control. In 1994, defendant violated the terms of his community control and was sentenced to fifteen years in prison. He filed a motion for postconviction relief, arguing that the court which accepted his initial plea was precluded, under section 948.01(10), Florida Statutes (1991), from placing him on community control. He sought release on the basis that his…