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ORTIZ v. STATE

No. 3D04-1230.

884 So.2d 1086 (2004)

Rodolfo G. ORTIZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 20, 2004.

Attorney(s) appearing for the Case

Rodolfo G. Ortiz, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before LEVY, FLETCHER, and RAMIREZ, JJ.

ON MOTION FOR REHEARING DENIED

RAMIREZ, J.

Rodolfo G. Ortiz has moved for rehearing of our per curiam affirmance of the trial court's order denying his motion to correct an illegal sentence pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. He claimed in his motion that his sentence was illegal because it violated due process in that the sentence imposed was vindictive. He alleged that before the start of trial, the court asked...

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