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ACEVEDO v. STATE

No. 96-2919.

692 So.2d 236 (1997)

Marcos Rafael ACEVEDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 18, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

No appearance for Appellee.

ON MOTION TO DISMISS

PER CURIAM.

This matter is before the court on the state's motion to dismiss, which we deny. The state urges that by failing to assert below the lower court's failure to file written reasons for departure in a Rule 3.800(b) motion, this court is deprived of jurisdiction. The failure to file a Rule 3.800(b) motion to correct sentence is not fatal to jurisdiction in a case such as this involving a (potential) post-sentencing omission...

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