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DOMINGUEZ v. STATE

No. 1D05-1558.

908 So.2d 1146 (2005)

Juan O. DOMINGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 16, 2005.

Attorney(s) appearing for the Case

Appellant, pro se.

Charlie Crist, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges the trial court's summary denial of his motion to correct illegal sentence in which he alleged that he was illegally habitualized for conspiracy to traffic 28 grams or more of cocaine, but less than 200 grams, in 1993. Because the appellant has stated a facially sufficient claim for relief, we reverse and remand.

A habitual sentence for trafficking 28 grams or more of cocaine, but less than 200 grams for an offense committed...

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