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YATES v. STATE

No. 89-2399.

556 So.2d 501 (1990)

Roy Junior YATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 6, 1990.

Attorney(s) appearing for the Case

Roy Junior Yates, pro se.

No appearance for appellee.

SHIVERS, Chief Judge.

Appellant filed a post conviction motion to correct illegal sentence pursuant to Fla. R.Crim.P. 3.800 and 3.850 which the trial court denied for the reasons that the motion was untimely under Rule 3.850 and that the court previously denied a similar motion. We reverse and remand.

In challenging the legality of a sentence, motions filed pursuant to either Rule 3.800(a) or 3.850 are equally valid. See Early v. State,

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