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DAILY v. STATE

No. 3D05-273.

905 So.2d 985 (2005)

Nathaniel DAILY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 29, 2005.

Attorney(s) appearing for the Case

Nathaniel Daily, in proper person.

Charles J. Crist, Jr., Attorney General, and Michele Samaroo, Assistant Attorney General, for appellee.

Before GERSTEN, SHEPHERD, and ROTHENBERG, JJ.

ON MOTION FOR REHEARING AND CLARIFICATION

ROTHENBERG, Judge.

Upon consideration of the defendant's motion for rehearing and clarification, we deny the motion for rehearing, but grant the motion for clarification, and withdraw our opinion dated May 4, 2005, and substitute the following opinion in its place.

The defendant, Nathaniel Daily, appeals an order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure...

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