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ABURTO v. STATE

No. 4D03-1413.

848 So.2d 1197 (2003)

David ABURTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 25, 2003.

Attorney(s) appearing for the Case

David Aburto, Arcadia, pro se.

No appearance required for appellee.

PER CURIAM.

David Aburto filed a Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence challenging the constitutionality of the Criminal Punishment Code (CPC). The trial court denied the motion after ordering a State Response. The court's denial of the motion was proper as Aburto was sentenced as a Habitual Felony Offender, not under the CPC.

After the court's order was rendered, Aburto filed a "Reply to the State's Response." In this...

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