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DOWNS v. STATE

No. 2D00-1076.

768 So.2d 1149 (2000)

Ellis D. DOWNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 2, 2000.

PER CURIAM.

Ellis D. Downs appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm on the basis of Burgess v. State, 764 So.2d 749 (Fla. 2d DCA 2000). We certify the same question we certified in Burgess, which is:

AFTER THE HOLDING IN CALLAWAY,1 CAN A TRIAL COURT RELY UPON A SWORN ARREST...

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