RIVIERE v. STATE

No. 2D05-3441.

965 So.2d 845 (2007)

Brian Thomas RIVIERE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 28, 2007.


KELLY, Judge.

Brian Thomas Riviere appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the postconviction court's order and remand for reconsideration of the claim as if it were filed under rule 3.850.

Riviere's motion raised the single claim that the statute of limitations expired before the State filed charges against him. The postconviction court correctly found that...

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