DEPARTMENT OF CORR., STATE OF FL. v. MATTRESS

No. 96-1205.

686 So.2d 740 (1997)

DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, Appellant, v. Kenneth MATTRESS, Appellee.

District Court of Appeal of Florida, Fifth District.

January 10, 1997.


Attorney(s) appearing for the Case

Susan A. Maher, Tallahassee, for Appellant.

No appearance for Appellee.


DAUKSCH, Judge.

Appellant, Department of Corrections, timely appeals an order granting appellee's, Kenneth Mattress', 3.800(a) motion to correct illegal sentence.

In case no. CR89-1082, appellee was charged in two counts with possession and delivery of cocaine. The state attorney nolle prossed the former charge and appellee entered a plea to the latter charge which offense was committed on January 31, 1989. The trial...

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