McGILL v. STATE

No. 5D03-1719.

878 So.2d 1270 (2004)

Latravia Rodriguez McGILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 6, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Allison Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

The defendant appeals raising as his sole point alleged error when the trial court sentenced him to a ten year minimum mandatory term of imprisonment. The trial court granted the defendant relief pursuant to a motion to correct sentence but because the order was entered more than 60 days after the motion was filed, it is a nullity.

The State concedes that an error was committed in imposing the ten year minimum mandatory and "requests this Court grant...

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