Draper v. State

The appellant challenges an order of the trial court summarily denying his motion *523to correct illegal sentence under Rule 3.800(a). Because the face of the record establishes the appellant’s entitlement to relief, we reverse.

The appellant alleges that his sentence of 26 months is illegal because it exceeds the statutory maximum of 22 months under section 921.001(5), Florida Statutes (1997). Section 921.001(5) provides in relevant part:

A person sentenced for a felony committed on or after July 1, 1997, who has at least one prior felony conviction and whose minimum recommended sentence is less…