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STATE v. SUAREZ

No. 3D01-1920.

821 So.2d 1119 (2002)

The STATE of Florida, Appellant, v. Alexander SUAREZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 7, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Andrea D. England, Assistant Attorney General (Ft.Lauderdale), for appellant.

Alexander Suarez, in proper person.

Before LEVY, GERSTEN, and GREEN, JJ.

PER CURIAM.

After it properly denied Defendant's Motion to Correct Illegal Sentence under Florida Rule of Criminal Procedure 3.800, the trial court erroneously decided to treat Defendant's Motion as a timely Rule 3.850 Motion pursuant to Wood v. State, 750 So.2d 592 (Fla.1999), and found that a prima facie case was made that required an evidentiary hearing on the Defendant's allegations. The Defendant correctly concedes that...

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