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JOHNSON v. MOORE

No. 1D00-2479.

801 So.2d 289 (2001)

Charles JOHNSON, Appellant, v. Michael W. MOORE, Appellee.

District Court of Appeal of Florida, First District.

December 12, 2001.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Charles Johnson appeals an order denying his petition for writ of habeas corpus without reaching the merits of his claims. We reverse the order insofar as it denies the claim asserted under Hale v. State, 630 So.2d 521 (Fla.1993), and remand with directions that the trial court construe the petition as a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Otherwise, we affirm...

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