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MOORE v. STATE

No. 3D04-1267.

902 So.2d 239 (2005)

Jerry Dean MOORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 18, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Michael E. Hantman, Assistant Attorney General, for appellee.

Before GREEN, WELLS and SHEPHERD, JJ.

SHEPHERD, J.

Jerry Dean Moore appeals an order summarily denying his motion to correct illegal sentence. We reverse.

Moore was convicted of first-degree murder and attempted robbery. Moore committed the crimes in 1979. On the first-degree murder conviction, the court sentenced Moore to 125 years in prison and retained jurisdiction for one-third of the sentence. In 2001, Moore filed a Florida Rule of Criminal Procedure 3.800(a) motion, contending that his sentence...

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