BROWN v. STATE

No. 94-883.

639 So.2d 205 (1994)

Daniel BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 22, 1994.


Attorney(s) appearing for the Case

Ernest M. Jones, Jr., Lakeland, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink and Belle B. Turner, Asst. Attys. Gen., Daytona Beach, for appellee.


COBB, Judge.

Daniel Brown appeals the summary denial of his rule 3.800 motion to correct illegal sentence. We reverse and remand for further proceedings.

Brown's motion alleges the following. In lower court case number 86-439-CF, a jury found him guilty of attempted second degree murder and burglary of a dwelling with a battery. After he was sentenced on December 4, 1986, he timely filed an appeal on December 31, 1986. However, on January 5, 1987, the trial...

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