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McCLOUD v. STATE

No. 5D07-348.

965 So.2d 840 (2007)

Rodriguez M. McCLOUD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 21, 2007.

Attorney(s) appearing for the Case

Rodriguez M. McCloud, Wewahitchka, pro se.

Bill McCollum, Attorney General, Tallahassee and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, C.J.

Rodriguez M. McCloud (defendant) appeals the trial court's order summarily denying his rule 3.800(a) motion to correct illegal sentence.1 Determining that one of the arguments raised in the defendant's motion possesses merit, we reverse.

In 1998, the defendant was convicted of committing an armed robbery with a firearm or deadly weapon, a first degree felony. The trial court orally sentenced the defendant, as a habitual...

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