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PENA v. STATE

No. 5D02-4080.

853 So.2d 1120 (2003)

Ana M. PENA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 12, 2003.

Attorney(s) appearing for the Case

Michael D. Dicembre, Orlando, for Appellant.

Charles J Crist, Jr., Attorney General, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the denial of Appellant's rule 3.800(a) motion to correct illegal sentence. We base our decision on Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002) (on grant of rehearing), and Carlson v. State, 27 Fla. L. Weekly D2162, ___ So.2d ___, 2002 WL 31202145 (Fla. 5th DCA Oct. 4, 2002). We certify conflict with Green v. State, 839 So.2d 748 (Fla. 2d DCA 2003...

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