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DYER v. STATE

No. 93-2289.

629 So.2d 285 (1993)

John DYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 17, 1993.

Attorney(s) appearing for the Case

John Dyer, pro se.

No appearance for appellee.

THOMPSON, Judge.

The defendant, John Dyer ("Dyer"), appeals a Summary Denial of a 3.800(a) Motion to correct an illegal sentence. We reverse.

Dyer was originally charged with a capital sexual battery.1 The victim at the time was a child under 12 years of age and Dyer was 23 years of age. Dyer entered a plea of nolo contendere to the lesser life felony of sexual battery on a child under 12 years of age by a person under 18 years...

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