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CUNNINGHAM v. STATE

No. 4D05-1743.

932 So.2d 1202 (2006)

Walter James CUNNINGHAM, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

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

ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our previously issued opinion and substitute the following in its place.

Cunningham appeals the denial of his rule 3.800(a) motion to correct illegal sentence. Therein, Cunningham claimed the lower court illegally increased his sentence by removing 261 days of jail credit after he began serving his sentence. Upon review of the record, we affirm the denial of the motion without prejudice to Cunningham...

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