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MCDONALD v. STATE

No. 4D05-115.

912 So.2d 74 (2005)

Roy McDONALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 28, 2005.

Attorney(s) appearing for the Case

Abe Bailey, Miami, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Roy McDonald appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion which raised five claims of an illegal sentence. We affirm the trial court's denial of all five claims. We write to address two of the claims and sit en banc to recede from a series of prior decisions by this court which the state has shown are clearly contrary to the plain meaning and legislative intent of the 10...

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