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ELLIS v. STATE

No. 5D04-2036.

881 So.2d 685 (2004)

Derrick S. ELLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 27, 2004.

Attorney(s) appearing for the Case

Derrick Ellis, Bushnell, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Derrick S. Ellis (defendant) appeals the trial court's summary denial of his rule 3.800 motion, in which he argued that the court erred in imposing a sentence which exceeds the applicable statutory maximum penalty. See Fla. R.Crim. P. 3.800. We reverse.

The defendant was convicted of and sentenced for committing three second degree felonies. On direct appeal, his sentencing as an habitual felony...

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