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BURNEY v. STATE

No. 2D01-3526.

800 So.2d 662 (2001)

James William BURNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 7, 2001.

BLUE, Chief Judge.

James William Burney timely appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for resentencing.

Burney committed a robbery in 1971 and received a life sentence under section 813.011, Florida Statutes (1969), which states:

Whoever, by force, violence or assault or putting in fear, feloniously...

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