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SAPP v. STATE

No. 4D03-3979.

864 So.2d 75 (2003)

Samuel SAPP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 24, 2003.

Attorney(s) appearing for the Case

Samuel Sapp, Polk City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), challenging the trial court's retention of jurisdiction over one-third of each of his two consecutive sentences. This is a proper claim for relief under rule 3.800(a). See Carter v. State, 786 So.2d 1173, 1181 (Fla.2001) ("a sentence is `illegal' if it `imposes a kind of punishment that no judge under...

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