Summary
holding that because the HFO statute did not specifically allow for the imposition of the fine required by chapter 893, that fine constituted an illegal sentence
Summary of this case from McGraw v. StateOpinion
No. 99-01527.
Opinion filed August 11, 1999.
Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Pinellas County; Richard A. Luce, Judge.
Michael Floyd is appealing the summary denial of his motion for correction of an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the sentence imposed on Floyd exceeds the statutory maximum, we reverse.
Floyd pleaded guilty to trafficking in cocaine in violation of section 893.135(1)(b)(1)(a), Florida Statutes (1991). He was sentenced under section 775.084, Florida Statutes (1991), as a habitual offender to ten years in prison, and was fined $10,000. However, section 775.084 does not authorize any fines. Consequently, the imposition of the fine, in addition to the habitual offender sentence, exceeds the maximum allowed by the statute, and must be reversed. See Webster v. State, 705 So.2d 970 (Fla. 2d DCA 1998). On remand, the trial court is directed to strike the $10,000 fine. Floyd's presence at the resentencing is not required.
Reversed and remanded.
THREADGILL, A.C.J., and FULMER and STRINGER, JJ., Concur.