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FABRE v. STATE

No. 98-806.

721 So.2d 1179 (1998)

Ovidio FABRE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 29, 1998.

Attorney(s) appearing for the Case

Ovidio Fabre, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, FLETCHER and SORONDO, JJ.

PER CURIAM.

Appellant Ovidio Fabre moves for rehearing of this Court's per curiam opinion filed May 6,1998, which affirmed the lower court's order denying his motion for post-conviction relief under Fla.R.Crim.P. 3.850. Appellant claims that his thirty-year sentence with the three year minimum mandatory provision for an attempted kidnapping conviction is illegal because it exceeds the statutory maximum for a second-degree...

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