BAKER v. STATE

No. 2D06-2446.

941 So.2d 419 (2006)

Tommy Ray BAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 16, 2006.


ALTENBERND, Judge.

Tommy Ray Baker appeals the trial court's order denying his motion to correct an illegal sentence, which he filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He argues that his sentence is illegal because he received both a fine and a term of imprisonment as a habitual offender. If Mr. Baker's fine had been imposed as a matter of discretion under section 775.083, Florida States (2003), his argument would have merit. However, the fine...

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