DAUKSCH, Judge.
Appellant has appealed an order denying his motion for post conviction relief. Fla.R. Crim.P. 3.850. As grounds he alleges he was sentenced to five years in the penitentiary for a misdemeanor. If this is true he is entitled to relief because only upon conviction for a felony may a person be sentenced to prison, or be given more than one year incarceration.
The trial judge merely denied the motion and we have no way of knowing what the record...
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