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McMURTRY v. STATE

No. 3D05-1217.

907 So.2d 1266 (2005)

Jerry C. McMURTRY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 3, 2005.

Attorney(s) appearing for the Case

Jerry C. McMurtry, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, C.J., and SHEPHERD, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

The defendant appeals the trial court's denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. We affirm. The defendant was sentenced as a habitual violent offender. Contrary to the defendant's assertion, under section 775.081(b), Florida Statutes (1995), only one qualifying prior conviction was needed in order to sentence him as a habitual violent offender. See Fletcher v. State,

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