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ARCE v. STATE

No. 4D05-3947.

936 So.2d 651 (2006)

Jose M. ARCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2006.

Attorney(s) appearing for the Case

Jose M. Arce, Crawfordville, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Jose M. Arce appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand with respect to one of his three claims.

Arce alleged that one of the predicate offenses used to qualify him for habitual offender sentencing was not his conviction. Arce's claim is cognizable in a rule 3.800(a) motion if the error can be determined from the record. See Bover v...

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