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CARTER v. STATE

No. 96-01035.

680 So.2d 603 (1996)

John Anthony CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 27, 1996.

PER CURIAM.

John Anthony Carter appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion, holding that it lacked jurisdiction because Carter's direct appeal was pending. We affirm because Carter's claim is not based on a clerical error. On our own motion, we have considered this case en banc in order to recede from

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