GUNN v. STATE

No. 4D07-3770.

970 So.2d 862 (2007)

Dexter GUNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 17, 2008.


Attorney(s) appearing for the Case

Dexter Gunn, Carrabelle, pro se.

No appearance required for appellee.


PER CURIAM.

Dexter Gunn appeals an order denying his rule 3.800(a) motion to correct illegal sentence. The trial court denied the motion based on the state's response. The state argued for denial both because the motion was successive to prior motions raising the same claim of discrepancy between the sentencing judge's oral pronouncement and his written sentence, and on the merits.

We disagree with the state's first reason; there is no indication that the...

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