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COTTERELL v. STATE

No. 5D04-3346.

890 So.2d 315 (2004)

Stephen COTTERELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 12, 2005.

Attorney(s) appearing for the Case

Stephen Cotterell, Jasper, pro se.

No Appearance for Appellee.

SHARP, W., J.

Cotterell appeals from the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The order denying his motion was rendered August 24, 2004 and Cotterell's notice of appeal, which was delivered to prison officials on September 28, 2004, was filed for purposes of the "mail box rule,"1 five days late. Cotterell responded...

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