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HINSON v. STATE

No. 97-4386.

709 So.2d 629 (1998)

Robert Lee HINSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 15, 1998.

Attorney(s) appearing for the Case

Robert Lee Hinson, Jr., Appellant, pro se.

Robert Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Robert Lee Hinson, Jr. challenges an order by which his Fla. R.Crim. P. 3.850 motion was denied as untimely and successive. Hinson's sole claim is that his sentence exceeds the statutory maximum for a youthful offender. We reverse.

In a footnote, the trial court's order of denial indicated that even if Hinson was attempting to challenge the legality of his sentence, that was an issue for direct appeal

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