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MORALES v. STATE

No. 3D04-1832.

909 So.2d 478 (2005)

Orlando MORALES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 24, 2005.

Attorney(s) appearing for the Case

Orlando Morales, in proper person.

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

Before COPE, GERSTEN and GREEN, JJ.

On Rehearing Denied

COPE, J.

On consideration of the motion for rehearing, the court withdraws its previous opinion and substitutes the following opinion.

Orlando Morales appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm because a claim of vindictive sentencing cannot be raised by a motion to correct illegal sentence.

Defendant-appellant Morales was convicted...

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