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COTE v. STATE

No. 2D01-4591.

841 So.2d 488 (2003)

Terry A. COTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 5, 2003.

Attorney(s) appearing for the Case

Michael P. McDaniel of C. Ray McDaniel, P.A., Bartow, for Appellant.

Charlie Crist, Attorney General, Tallahassee, and Danilo Cruz-Carlino, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

Terry A. Cote challenges his judgment and sentence for possession of cannabis in excess of twenty grams. We find merit in one sentencing issue raised in this appeal. Although this error is unpreserved, it is an error that renders the sentence illegal. Just as a trial court has authority to correct an illegal sentence at any time under Florida Rule of Criminal Procedure 3.800(a), we hold that this court has authority under Florida Rule of Appellate Procedure...

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