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DURDEN v. STATE

No. 2D06-3299.

948 So.2d 1045 (2007)

David P. DURDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 2007.

WALLACE, Judge.

David P. Durden appeals the summary denial of his motion to correct sentencing errors filed in accordance with Florida Rule of Criminal Procedure 3.800(b)(1). The trial court concluded that Mr. Durden's motion was untimely, treated the motion as if it had been filed under rule 3.800(a), and denied the motion on the merits. We reverse the trial court's summary denial of Mr. Durden's motion to correct sentencing errors, and we remand for further proceedings...

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