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INCLIMA v. STATE

No. 93-1213.

625 So.2d 978 (1993)

Luke INCLIMA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 22, 1993.

Attorney(s) appearing for the Case

Luke Inclima, pro se.

No appearance for appellee.

PER CURIAM.

We withdraw the opinion issued in this case sua sponte and replace it with the following en banc opinion.

Inclima appeals from a summary denial of his motion made pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking to correct a claimed illegal sentence because it fails to give him credit for time served in a New York state jail while awaiting extradition to Florida. The trial judge stated:

Defendant was not arrested...

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