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MARTIN v. STATE

No. 90-1593.

574 So.2d 1118 (1990)

Gilberto MARTIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 13, 1991.

Attorney(s) appearing for the Case

Gilberto Martin, in pro per.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.

PER CURIAM.

Gilberto Martin appeals an order denying his motion to correct illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We affirm. First, paragraphs 775.087(1) and 775.087(2), Florida Statutes (1985), are not mutually exclusive. State v. Whitehead, 472 So.2d 730, 732 (Fla. 1985). The trial court properly reclassified the second degree murder charge under paragraph 775.087(1) while simultaneously...

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