WEST v. STATE

No. 1D02-0201.

818 So.2d 637 (2002)

Kenneth Levon WEST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 2002.


Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges the denial of his motion to correct his illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant could not have been sentenced as a prison releasee reoffender when his conviction for burglary of a dwelling does not specify that the dwelling was occupied, we reverse and remand to the trial court for relief or for attachments from the record which conclusively show that the appellant...

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