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PHELPS v. STATE

No. 2D08-2010.

9 So.3d 54 (2009)

Rodney Lee PHELPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 20, 2009.

Attorney(s) appearing for the Case

Rodney Lee Phelps, pro se.

Bill McCollum, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Rodney Lee Phelps appeals the order denying his motion for postconviction relief. The trial court properly denied Phelps' motion on all grounds except ground one, in which he alleged he received an illegal sentence. Accordingly, we reverse Phelps' sentence and remand to the trial court with directions that it treat ground one as a motion to correct illegal sentence and strike the habitual offender designation. See Rule v. State,

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