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FOGLE v. STATE

No. 85-681.

479 So.2d 826 (1985)

Frank Curtis FOGLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1985.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and W.H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. Fla.R.Crim.P. 3.800(a); Cruz v. State, 458 So.2d 826, 827 (Fla. 3d DCA 1984). See also Llerana v. State, 508 F.2d 78, 81 (5th Cir.1975) (court has a duty to correct an illegal sentence even though the defendant started serving the sentence and the corrected sentence is more onerous).

RYDER, C.J., and DANAHY and FRANK...

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