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TISDOL v. STATE

No. 3D03-1031.

878 So.2d 428 (2004)

Byron J. TISDOL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 4, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and FLETCHER, JJ.

PER CURIAM.

Byron J. Tisdol appeals an order denying postconviction relief. We reverse for further proceedings.

Defendant-appellant Tisdol is incarcerated on Miami-Dade County circuit court case numbers 93-2188 and 94-5876. He filed a motion for postconviction relief arguing, among other things, that the sentence in the 1994 case exceeded the legal maximum or was otherwise invalid.

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