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BYRD v. STATE

No. 4D01-1426.

789 So.2d 1147 (2001)

Timothy BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 28, 2001.

Attorney(s) appearing for the Case

Gregg S. Lerman of Law Offices of Gregg S. Lerman, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, J.

Byrd is in custody under a September 30, 1999, sentence of 50 months in state prison upon his conviction for driving under the influence. He did not appeal the conviction but instead filed a motion under rule 3.800(a) contending that his sentence is illegal as exceeding the statutory maximum for his offense. The state argues that the sentence is not illegal and that rule 3.800 may not be used to review legal...

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