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BROWN v. STATE

No. 5D07-4359.

983 So.2d 706 (2008)

Dave BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 6, 2008.

Attorney(s) appearing for the Case

Dave Brown, South Bay, pro se.

Bill McCollum, Attorney General, Tallahassee and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Dave Brown appeals the order denying his postconviction motion, which was filed pursuant to rule 3.850 or alternatively, rule 3.800(a), Florida Rules of Criminal Procedure. Brown seeks correction of his sentence for attempted second-degree murder with a firearm, which he claims exceeds the statutory maximum penalty. We agree and reverse.

Brown was initially charged with attempted first-degree murder with a firearm. He went to trial, and the jury...

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