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FILLMORE v. STATE

No. 4D03-2867.

858 So.2d 1223 (2003)

Bruce FILLMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 2003.

Attorney(s) appearing for the Case

Bruce Fillmore, Miami, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laurel R. Wiley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Bruce Fillmore appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.

Fillmore alleged that his habitual offender sentence is illegal as he did not have the requisite predicate conviction for such sentence. Fillmore challenged his predicate offense as having occurred after the commission of the crime for which the habitual offender sentence was imposed...

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