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THOMAS v. STATE

No. 4D05-1341.

932 So.2d 1204 (2006)

David THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2006.

Attorney(s) appearing for the Case

David Thomas, South Bay, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the State's motion for rehearing, withdraw our prior opinion, and substitute this opinion in its place.

David Thomas appeals the trial court's summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The motion was untimely filed under rule 3.850, but raised a claim to correct an illegal sentence that is evident from the face of the record; as such,

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