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SMITH v. STATE

No. 4D08-1272.

987 So.2d 782 (2008)

Gerald SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 30, 2008.

Attorney(s) appearing for the Case

Gerald Smith, Carrabelle, pro se.

No appearance required for appellee.

WARNER, J.

The appellant challenges the trial court's denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). All of his claims revolve around his contention that his sentences for carjacking with a deadly weapon and aggravated battery with a deadly weapon are illegal because the state charged that he carried a pellet gun which is not a deadly weapon. As the issue is one of fact, it is not the proper subject of...

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