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BENNER v. STATE

No. 1D07-3069.

974 So.2d 578 (2008)

Stanley Mac BENNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 19, 2008.

Attorney(s) appearing for the Case

Stanley Mac Benner, pro se, Appellant.

Bill McCollum, Attorney General, and Terry P. Roberts, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant challenges the trial court's summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion, in which he asserts that he was improperly sentenced to drug offender probation because his DUI conviction was not an offense contained within chapter 893, Florida Statutes, as required by sections 948.034 and 948.20, Florida Statutes.

When denying Appellant's 3.800(a) motion, the postconviction court clarified that the drug offender...

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