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C.T.B. v. STATE

No. 5D07-2333.

962 So.2d 373 (2007)

C.T.B., a Child, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

July 25, 2007.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

C.T.B., a child, seeks a writ of habeas corpus, claiming that he was unlawfully committed to the Department of Juvenile Justice. C.T.B. was originally sentenced to a term of probation. Several weeks later, the trial judge sua sponte vacated the sentence in this case and resentenced C.T.B. to a level 8 program. We agree with C.T.B. that "a trial court is not free to change a valid and unchallenged sentence," Herring v. State,

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