Durkee v. State

Malcolm Durkee appeals an order denying his rule 3.800(a) motion to correct illegal sentence. He argues his sentence is illegal under Clines v. State, 912 So.2d 550 (Fla.2005), because he was sentenced under multiple recidivist categories in a single count. We affirm because the trial court applied only one of the recidivist categories to his sentence.

The appellant was charged with three third-degree felonies. Upon appellant’s entry of a negotiated plea, the trial court sentenced him in count one to 75 months’ imprisonment and designated him as a habitual felony offender (HFO), a habitual…