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BERNAL v. STATE

No. 2D04-3074.

892 So.2d 1086 (2004)

Juan J. BERNAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 5, 2004.

FULMER, Judge.

Juan J. Bernal appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand to the trial court.

In its order denying Juan J. Bernal's motion, the trial court inadvertently relied on a previous motion filed by Bernal's brother, Johnny Bernal. Therefore, Juan J. Bernal's motion was never addressed on the merits. Accordingly...

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