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LAGO v. STATE

No. 3D06-1336.

965 So.2d 224 (2007)

Miguel LAGO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 5, 2007.

Attorney(s) appearing for the Case

Mills and Carlin, P.A., and John S. Mills, Jacksonville, for appellant.

Bill McCollum, Attorney General, and Maria T. Armas, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and GREEN and RAMIREZ, JJ.

On Motion for Rehearing

PER CURIAM.

We grant the motion for rehearing, withdraw our prior opinion filed November 15, 2006, and substitute the following in its stead.

The appellant, Miguel Lago, appeals from the denial of his Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence. We treat this appeal as a petition for common law habeas corpus and grant the same.

Lago was convicted and sentenced in 1990 to consecutive...

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