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FENELON v. STATE

No. 4D05-4023.

916 So.2d 922 (2005)

Max FENELON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 19, 2006.

Attorney(s) appearing for the Case

Max Fenelon, Sanderson, pro se.

No appearance required for appellee.

PER CURIAM.

The trial court's summary denial of appellant's 3.850 motion is affirmed. The motion was not filed within the two-year time limit and no applicable exception to the time limitation is alleged. Fla. R. Crim P. 3.850(b).

Affirmance, however, is without prejudice for appellant to raise his claim of an illegal sentence in a legally sufficient motion in the trial court. See Fla. R.Crim. P. 3.800(a) (requiring a 3.800(a) movant to affirmatively...

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