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LURRY v. STATE

No. 4D02-1682.

823 So.2d 200 (2002)

Tavis S. LURRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 24, 2002.

Attorney(s) appearing for the Case

Tavis S. Lurry, Cross City, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We review the order denying appellant's motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand as the trial court should have treated appellant's sworn motion as a timely-filed rule 3.850 motion challenging the factual basis for the imposition of his minimum mandatory sentence. See State v. Mancino, 705 So.2d 1379, 1381 (Fla.1998); Smith v. State...

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